TikTok says it would “go dark” in the US today, unless the US government provides assurances a new law calling for its ban would not be used to punish service providers.
“Unless the [US President Joe] Biden Administration immediately provides a definitive statement to satisfy the most critical service providers assuring non-enforcement, unfortunately TikTok will be forced to go dark on January 19,” TikTok said in a statement.
The US Supreme Court on Friday upheld a law supported by Biden and the US Congress that requires the app’s owner ByteDance to either sell TikTok or cease US operations by today.
Photo: Bloomberg
“The statements issued today by both the Biden White House and the Department of Justice have failed to provide the necessary clarity and assurance to the service providers that are integral to maintaining TikTok’s availability to over 170 million Americans,” TikTok said following the Supreme Court decision.
The unanimous ruling, which found the law does not violate free speech rights, dealt a major blow to TikTok and created uncertainty about what would happen when the ban takes effect.
The court agreed with the government’s national security concerns about Chinese company ByteDance’s ownership of the app.
ByteDance has firmly rejected selling its US operation, a stance also taken by Beijing, which has denounced the law as theft.
The justices acknowledged that, “for more than 170 million Americans,” the social media giant “offers a distinct and expansive outlet for expression, means of engagement, and source of community.”
However, it concluded that “Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary.”
Even if the ban now stands, Biden said his administration would not enforce it, leaving the matter to US president-elect Donald Trump, who is to take office tomorrow.
Trump, who opposes the ban, discussed TikTok with Chinese President Xi Jinping (習近平) on Friday.
“The Supreme Court decision was expected, and everyone must respect it,” Trump wrote on Truth Social as he said he would need time to find an alternative to the ban.
The US Department of Justice said that enforcing the law “will be a process that plays out over time,” in a potential sign that it does not intend to carry out the law for now.
Despite the court defeat, TikTok chief executive officer Chew Shou Zi (周受資) thanked Trump for his “commitment to work with us to find a solution.”
Trump “truly understands our platform,” he added.
TikTok has been lobbying furiously to thwart the law’s implementation with Chew set to attend Trump’s inauguration tomorrow.
The law requires Apple and Google to remove TikTok from their app stores, blocking new downloads. The companies could face penalties of up to US$5,000 per user who can access the app.
Chew gave no indication on whether TikTok would unilaterally shut down its platform in the US when the ban kicks in, as reported in US media.
TikTok’s lawyer Noel Francisco had said it would shut down today in case of a legal defeat.
Trump’s incoming national security adviser Mike Waltz told Fox News the administration would work “to keep TikTok from going dark,” saying the law allows a 90-day delay if the White House can show progress toward “a viable deal.”
Former Los Angeles Dodgers owner Frank McCourt has expressed interest in leading a purchase of TikTok’s US activity and said he is “ready to work with the company and President Trump to complete a deal.”
The ban would hugely benefit US-owned rivals Instagram Reels and YouTube Shorts, but influencers said that TikTok’s unique abilities could not be matched.
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