US TikTok Ban: Why and When Could the App Be Banned?

TikTok has encountered a setback in its battle against a law that would ban the app in the US unless it is sold by its Chinese parent company, ByteDance. In December, a US court rejected TikTok’s attempt to challenge the law, which was passed in April, clearing the way for a potential ban.

The app, with millions of users worldwide, has faced scrutiny over data security and its ties to the Chinese government.

Who Wants to Ban TikTok in the US and Why?

Lawmakers from both major US political parties have supported the legislation, which mandates that ByteDance sell TikTok to a non-Chinese company. Their primary concern is that the Chinese government could pressure ByteDance to hand over data on TikTok’s 170 million US users.

TikTok, however, maintains that it would not share user data with the Chinese government.

In April, after Congressional approval, President Joe Biden signed a bill that could lead to TikTok’s forced sale. Previous attempts to block the app on national security grounds, including Donald Trump’s 2020 effort, had failed.

Trump, however, criticized the new legislation during his 2024 presidential campaign, arguing that banning TikTok would unfairly benefit Facebook.

When Could TikTok Be Banned?

Biden’s signing of the bill did not result in an immediate ban but set a deadline for ByteDance to sell TikTok. The legislation gives the company nine months to sell the app, with an additional three-month grace period, before a ban could be enforced. This timeline suggests that TikTok could be forced to sell or shut down in the US by January 19, 2025.

However, the company’s legal fight against the law, which began in May when TikTok filed to block it, could take years. A potential Trump victory in the 2024 election could also delay or prevent the ban, as he has vowed not to let it take effect.

How Would a TikTok Ban Work?

The simplest way to enforce a TikTok ban would be by removing the app from app stores like those run by Apple and Google for iOS and Android devices. This would prevent new users from downloading TikTok and stop current users from receiving updates or security fixes.

The bill also prohibits apps controlled by adversary countries—like China—from being updated or maintained in the US, giving the president broad powers to restrict apps with ties to nations like China, Russia, Iran, and North Korea.

What Has TikTok Said About the Ban?

TikTok has argued that the law is unconstitutional and infringes on the right to free speech in the US. During its appeal in September, TikTok’s legal team warned that a ban would have a “staggering” impact on free expression, while creators voiced concerns about how the ban could affect their work.

On December 6, a federal appeals court in Washington DC ruled against TikTok, but the company vowed to take its case to the US Supreme Court. A TikTok spokesperson expressed confidence that the Court would protect Americans’ right to free speech and called the law based on “inaccurate, flawed, and hypothetical information.”

ByteDance would also need approval from Chinese authorities to sell TikTok, but Beijing has indicated it would oppose any forced sale.

How Have US TikTok Users Responded?

In March 2024, TikTok urged its 170 million US users to contact their political representatives to oppose the bill. However, the campaign backfired when many lawmakers reported receiving “confused” calls from TikTok users, which only strengthened their resolve to pass the legislation.

Is TikTok Banned in Other Countries?

The US TikTok bill could inspire similar actions in other nations. TikTok is already banned in India, which was once one of its largest markets, and is also blocked in Iran, Nepal, Afghanistan, and Somalia.

In the UK, the government banned TikTok from staff devices in 2023, as did the European Commission. The BBC also advised its staff to delete the app due to security concerns.

How Does TikTok Work and What Data Does It Collect?

At the heart of TikTok is its algorithm, which curates personalized content for users based on their past interactions. Users can browse three main feeds: Following, Friends, and For You. The For You feed is automatically generated, often featuring viral content.

Critics argue that TikTok collects more data than other social media platforms to power its algorithm. This data includes users’ location, device information, engagement patterns, and even typing rhythms. However, other major platforms like Facebook and Instagram also gather similar data.

Many US creators and users, such as disability advocate Tiffany Yu, have voiced opposition to the ban, arguing that TikTok is crucial to their work and advocacy.