TikTok, the popular video-sharing platform, has taken legal action against a US law aimed at banning the app in the country unless it undergoes a change in ownership from its Chinese parent company.
In its lawsuit, TikTok denounces the law as an infringement on free speech rights, both for the company itself and its extensive American user base of 170 million individuals.
The social media giant contends that the US government’s rationale for the law rests on speculative concerns and lacks substantive justification.
President Joe Biden signed the bill into law last month, citing national security considerations, following years of debate in Washington over potential risks associated with TikTok’s Chinese ownership.
The concern has centered around the possibility of user data falling into the hands of the Chinese government or being exploited for propaganda purposes.
TikTok has consistently maintained its independence, while ByteDance, its parent company, has reiterated its stance against selling the business.
The Chinese government has condemned the law as an act of bullying against a foreign entity and signaled its opposition to any forced sale.
According to the provisions of the US law, app stores would be prohibited from offering TikTok in the US starting in January 2025 unless ByteDance secures a buyer. President Biden retains the authority to extend this deadline by 90 days if negotiations show progress.
In its legal filing with the DC Circuit Court of Appeals, TikTok argued that the requirement for divestment within the timeframe is impractical, both commercially and technologically. The company contends that the law unfairly targets TikTok, creating a disparate treatment regime compared to other platforms.
TikTok also highlighted the inconsistencies in claims of a security threat, noting that many politicians, including President Biden, maintain accounts on the platform.
Additionally, the company emphasized its efforts to address US concerns by implementing stringent safeguards for American user data, involving investments exceeding $2 billion.
While the US has historically regulated foreign ownership of broadcast media, TikTok asserts that its platform operates differently, constituting a privately created speech forum over which the government should not dictate ownership.