TikTok shutdown in the US may take effect on January 19

A TikTok shutdown in the United States may occur by January 19, 2025 unless it divests its holdings from Chinese-owned ByteDance.

The Biden Administration defends this ruling by citing “[China’s] control of TikTok through ByteDance represents a grave threat to national security.” 

READ: China summons tech giants over internet security

On the other hand, Thomas Berry, an expert in constitutional law at the Cato Institute, says this takedown could send a strong precedent.

“It would essentially give a green light to the government targeting a speech platform for the content it carries,” he said. 

TikTok shutdown: For national security or against free speech?

CBS News reported that this legal battle was sparked by a law from Congress that was part of a foreign aid package in April 2024.

The “Protecting Americans from Foreign Adversary Controlled Applications Act” makes it unlawful for third-party service providers to “distribute, maintain or update” a foreign adversary’s app.

Such actions encompass offering the TikTok app in their app stores. 

This law covers apps from a foreign adversary’s “covered company,” especially TikTok’s Chinese parent company ByteDance.

The US government argues that TikTok collects a massive amount of information that the Chinese government can use for “espionage or blackmail.” 

Moreover, it could “advance its geopolitical interests” by “sowing discord and disinformation during a crisis.” 

As a result, a TikTok shutdown will take effect 270 days after the law’s enactment (January 19, 2025) unless the company divests from ByteDance.

Alternatively, the SC may rescind its decision or move the date of effectivity.

Meanwhile, President-elect Donald Trump urged the latter “to allow his incoming administration to pursue a negotiated resolution.”

Nevertheless, Berry believes the SC’s decision will set significant precedents.

He said the TikTok shutdown will allow the government to take down free speech platforms based on their content.

The Supreme Court should also consider that TikTok doesn’t just broadcast speech from foreign countries.

“This is primarily Americans speaking to other Americans, and lots of totally apolitical speech is happening… through the TikTok discovery algorithm.” 

Nowadays, numerous American small businesses and social media creators rely on this online platform. 

MSNBC says TikTok wrote in its court filing that these people would lose $1.3 billion in revenue in a month after the shutdown.

The TikTok app will remain on US phones once the shutdown takes effect.

However, Americans will not be able to download and update the app.