The legal battle between TikTok and ByteDance, its parent company, with the US government over legislation that could potentially ban the app has been ongoing since President Joe Biden signed into law the Protecting Americans from Apps Act (PAFACA) on April 24. This is a dispute expected to last until mid-2025, with ByteDance being mandated to divest its ownership in TikTok or face a ban on the platform in the US.
TikTok and ByteDance filed a lawsuit directly with the District of Columbia Federal Court of Appeals due to its specialized jurisdiction outlined in PAFACA. The deadline set by PAFACA for ByteDance to sell TikTok is January 19, 2025, with the possibility of a 90-day extension if significant progress is being made. However, experts believe that ByteDance’s decision to challenge the law in court signifies their intention to engage in a lengthy legal battle with the US government, possibly involving the US Supreme Court.
The lawsuit accuses the US government of violating the First Amendment right to freedom of speech by imposing a ban on a social networking platform. TikTok also argues that ByteDance divesting from TikTok is commercially, technologically, and legally unfeasible. The US government’s concerns regarding TikTok’s ownership by a Chinese company are based on national security risks, as they fear user data may be compromised and transferred to Beijing.
The legal battle is expected to shed light on the competing interests of national security and freedom of speech. It will be interesting to see how this case unfolds and what impact it will have on social media platforms and their users worldwide.
