Sale or ban?

Dispute over TikTok in the USA enters final phase

Around 170 million users would be affected by a TikTok ban in the US.

(Bild: salarko - stock.adobe.com)

In a potentially landmark case, the Supreme Court hearing on the forced sale or possible ban of TikTok in the US began on Friday. The judges must weigh up whether the risks to national security justify such measures or whether the right to freedom of expression guaranteed by the constitution outweighs them.

According to TikTok lawyer Noel Francisco, the restriction of freedom of speech is the real aim of the controversial US law. It is based on the "fear that Americans, even if they are fully informed, could be persuaded by Chinese misinformation. But the First Amendment leaves such a decision to the people."

Algorithm is considered the Group's most valuable asset
He also emphasized that the app's recommendation algorithm represents a discretionary editorial decision. The US law passed last year prohibits the use of this algorithm unless the Chinese parent company ByteDance sells TikTok. "This is a direct restriction on TikTok's freedom of speech."

The software, which suggests additional videos to users, is considered the company's most valuable asset. Experts doubt that ByteDance would disclose the algorithm. In addition, the Chinese government would probably veto it because it sees it as a strategically important technology. He also pointed out that future US President Donald Trump had backed away from his original position and rejected a ban. Instead, he wants to find a political solution.

TikTokers Sarah Baus and Tiffany Cianci demonstrate in front of the Supreme Court against a ban on the platform.

(Bild: AP/Jacquelyn Martin)

Suspicion of espionage against Chinese owner ByteDance
Conservative Chief Justice John Roberts, on the other hand, referred to the suspicion of espionage against TikTok and its Chinese owner ByteDance. "Are we to ignore the fact that the parent company is doing intelligence work for the Chinese government? You're ignoring the main concern of Congress here: content manipulation and data collection." His colleague Clarence Thomas doubted that freedom of expression was being restricted. It was more a restriction of ByteDance.

The wealth of information that TikTok possesses about its users and their contacts who do not themselves have an account on the platform gives China a powerful tool for harassment, recruitment and espionage, said Attorney General Elizabeth Prelogar, who represented the US government. "The Chinese government could use TikTok as a weapon to harm the United States at any time."

TikTok attorney Francisco emphasized that a ban would set a precedent. Because then a government could have any unpopular platform shut down.

TikTok and ByteDance are suspected of espionage in numerous countries due to their proximity to the government in Beijing. Although the companies have repeatedly denied these accusations, the short video app TikTok, which is particularly popular with young people, has been banned in whole or in part in some countries. Last year, the US Congress passed a law by a large majority that obliges the Chinese parent company ByteDance to sell its US business by January 19, 2025. Otherwise, the platform will be blocked nationwide.

Trump wants deadline postponement
Donald Trump, who will be sworn in as the next US president on 20 January, asked the judges to postpone the deadline a few days ago. Trump argued that he could save the platform through negotiations and at the same time find a solution to the US government's security concerns.