WASHINGTON:
After months of legal battles, the US Supreme Court on Friday upheld a law that would have banned the popular video-sharing platform in the name of national security unless its Chinese owners strike an 11th-hour deal to sell it to non-Chinese buyers until Sunday.
Only months after overwhelming support for the law, lawmakers and officials are now worried about the ban, with all eyes on whether US President-elect Donald Trump can step in and find a way to save the implementation.
From teenage dancers to grandmothers sharing cooking tips, TikTok has been embraced for its ability to transform ordinary users into global celebrities when a video goes viral.
It is also valued by Trump, who credits the app with connecting him with younger voters, helping to win the election in November.
Trump discussed TikTok with Chinese President Xi Jinping on Friday and said it would take more time to find a solution.
“My decision on TikTok will be made in the not too distant future, but I need to have time to review the situation. Stay tuned!” Trump said in a social media post.
Late on Friday, however, TikTok said its services in the US would “go dark” unless the Biden administration “immediately issues a definitive statement to satisfy the most critical service providers, ensuring non-enforcement” of the law seeking the ban of the platform.
The administration of outgoing President Joe Biden, who is leaving on Monday, has said it will leave the matter to the incoming Trump administration.
Following the court defeat, TikTok CEO Shou Chew appealed to Trump, thanking him for his “commitment to work with us to find a solution.”
Trump “really understands our platform,” he added.
TikTok is on a rampage to block the implementation of the law, with Chew attending Trump’s inauguration on Monday.
The law requires Apple and Google to remove TikTok from their app stores, barring new downloads. Companies could face penalties of up to $5,000 per user who accesses the app.
Oracle, which hosts TikTok’s servers, will also have a legal obligation to enforce the ban.
Neither company responded to requests for comment.
Deals for TikTok
The law allows for a 90-day delay if the White House can show progress toward a viable deal, but TikTok owner ByteDance has flatly denied any sale.
Frank McCourt, the former owner of the Los Angeles Dodgers, has made an offer to buy TikTok’s US business and said he is “ready to work with the company and President Trump to complete a deal.”
Canadian investor Kevin O’Leary, who is involved in that bid, told Fox News that ByteDance was offered $20 billion to operate TikTok in the US.
He acknowledged the legal uncertainty surrounding the case, with the question of whether an executive order by Trump ending the ban would override the law remaining open.
“Congress wrote this law to be essentially presidential,” warned Adam Kovacevic, chief executive of the industry trade group Chamber of Progress.
Sarah Kreps, a professor of government and law at Cornell University, said: “If an executive order conflicts with an existing law, the law takes precedence and the order can be struck down by the courts.”
If TikTok is forced to shut down, US-based competitors Instagram Reels and YouTube Shorts will benefit.
Thousands of worried TikTok users have turned protectively to Xiaohongshu (“Little Red Book”), a Chinese social media network similar to Instagram.
Nicknamed “Red Note” by its American users, it was the most downloaded app in the US Apple Store this week. AFP
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