The legal battle between TikTok and the US government begins
TikTok has filed a lawsuit against the United States government after a law was passed to ban the video-sharing social media platform.
Last month, legislation was passed that includes a measure to ban TikTok in the United States and, as expected, the company has responded with a lawsuit.
That measure was included as part of a broader $95 billion package providing foreign aid to Ukraine and Israel. According to the text of the law, ByteDance must sell TikTok before an effective ban is applied.
The company has an initial nine-month divestment period, but if they reach a deal, President Biden would have the authority to extend it another three months, giving ByteDance a year to sell the platform.
The law also prevents the platform from controlling the algorithm that feeds users with videos based on their interests. However, the company has responded with a lawsuit, which would give it more time before a ban can be imposed.
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TikTok vs. USA: Legal battle begins
According to a report from NBC News, TikTok filed a lawsuit this Tuesday before the D.C. Circuit Court of Appeals of the United States to prevent the new law from forcing it to sell or prohibiting the application in the United States.
The company maintains that the bill violates constitutional protections of free speech, in addition to calling the legislation an “unprecedented violation” of the First Amendment.
“For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban and bars every American from participating in a unique online community with more than 1 billion people worldwide,” TikTok wrote in the lawsuit, according to the media.
Furthermore, the company points out that the arguments shared by legislators and the current administration are not sufficient to take actions of this magnitude. Lawmakers have stated their national security concerns, arguing that ByteDance could give the Chinese government sensitive user data as well as location information.
They have pointed to laws that allow the Chinese government to secretly demand data from Chinese companies and citizens for intelligence gathering operations. On the other hand, they are also concerned that China could use TikTok’s content recommendations to spread misinformation.
Before the lawsuit ByteDance already had a year to sell TikTok and avoid a ban, but it now has more time, since the legal proceedings will most likely prompt the court impose an injunction halting that timeline, meaning it could be years before the ban comes into force.