KUALA LUMPUR – The US Supreme Court has upheld a law requiring TikTok’s parent company, ByteDance, to sell its US operations by Sunday or face a nationwide ban.
The court’s unanimous decision rejected ByteDance’s argument that the law violates First Amendment protections for the app’s more than 170 million US users. This ruling means TikTok could be removed from app stores and lose web hosting services, effectively crippling its operations in the US unless a sale is finalised.
The White House has made it clear that enforcing the law now falls to President-elect Donald Trump, who takes office on Monday.
“TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns identified by Congress,” White House press secretary Karine Jean-Pierre reaffirmed the position in a statement.
However, she acknowledged that due to timing, the task of implementing the ban must fall to the next administration.
Speaking to CNN shortly after the decision, Trump said, “It ultimately goes up to me, so you’re going to see what I’m going to do.”
“The Supreme Court decision was expected, and everyone must respect it. My decision on TikTok will be made in the not-too-distant future, but I must have time to review the situation. Stay tuned!” He further elaborated on Truth Social.
Trump also confirmed having a conversation with Chinese President Xi Jinping, during which TikTok was among the topics discussed.
TikTok in a statement today in response to the Supreme Court’s decision said the platform may be “forced to go dark on Jan 19”, a day before Trump’s inauguration, unless the outgoing Biden Administration made a “definitive statement..assuring non-enforcement”.
Meanwhile, TikTok CEO Shou Zi Chew expressed disappointment with the ruling but vowed to keep fighting to maintain the platform’s presence in the US.
“We have been fighting to protect the constitutional right of free speech for the more than 170 million Americans who use our platform every day,” he said in a video posted on the app.
Chew also extended his gratitude to Trump for his “commitment to work with us to find a solution that keeps TikTok available in the United States.” He added that TikTok would do everything in its power to ensure users retain access to the app.
The ban has its roots in bipartisan concerns over TikTok’s data collection practices and its potential links to the Chinese government. Critics argue that the app’s parent company could be compelled to share sensitive user data with Beijing under a 2017 Chinese law requiring businesses to cooperate with intelligence agencies.
US Attorney-General Merrick Garland stated that the decision prevents China from “weaponising TikTok to undermine America’s national security.”
TikTok, however, has repeatedly denied sharing data with Beijing and insists that it operates independently of the Chinese government.
ByteDance has resisted the idea of selling TikTok and has warned that it may shut down the app’s US operations entirely if no agreement is reached.
Meanwhile, the looming ban has left both users and content creators in limbo. The law imposes heavy penalties on companies that update or distribute the app after Sunday, with fines potentially reaching billions of dollars.
Chew, who is set to attend Trump’s inauguration on Monday alongside other high-profile tech executives, signalled that discussions could continue under the new administration. However, with the deadline rapidly approaching, TikTok’s future in the US remains uncertain. – January 18, 2025
