TikTok has moved closer to a potential ban in the United States after a federal court upheld a law that forces the Chinese parent company, ByteDance, to sell its business to an American company or face a ban.
In a ruling Friday, the U.S Court of Appeals for the District of Columbia rejected TikTok’s arguments that the legislation violated the First and Fifth Amendments of the Constitution.
The law, signed by President Joe Biden in April, mandates that TikTok be sold to a non-Chinese owner by January 19, 2025, while U.S app stores and internet services could be fined for hosting the platform after the deadline.
TikTok is expected to appeal the ruling at the Supreme Court,
The incoming U.S. President, Donald Trump, who first tried to ban TikTok during his first term, recently suggested that he no longer wants to ban the app.
In March, Trump posted on Truth Social that he opposed a ban on TikTok as it would rival Facebook, and Zuckerberg, whom Trump has accused without evidence of interfering in the 2020 presidential election.
TikTok’s trouble is rooted in concerns about ByteDance’s potential to share user data with the Chinese government or manipulate TikTok’s algorithm for propaganda purposes.
U.S. government’s lawyers argued that ByteDance’s control over the algorithm poses a national security risk.
The three-judge panel supported the view, noting TikTok’s vast influence.
“In part precisely because of the platform’s expansive reach, Congress and multiple Presidents determined that divesting it from the (People’s Republic of China’s) control is essential to protect our national security,” the judges wrote.
They dismissed TikTok’s claims that the law infringes on free speech.
“What the Act targets is the PRC’s ability to manipulate the content covertly.
“Understood in that way, the Government’s justification is wholly consonant with the First Amendment,” the judges stated.
If the ban proceeds, it will take effect one day before Trump’s inauguration.