TikTok’s appeal to prevent a potential ban in the US has been denied, marking a significant turning point in the ongoing legal battle. The social media giant had sought to overturn a law set to take effect in early 2025, which would either force the sale of TikTok or ban it entirely. The company argued that the law violated the First Amendment by unduly restricting the free speech of its 170 million US users.
However, the federal appeals court upheld the law, which it described as necessary in light of “extensive bipartisan action” by Congress and successive US presidents. The court emphasised the law’s focus on addressing potential threats to national security, mainly related to the app’s alleged ties with the Chinese government—connections that both TikTok and its parent company, ByteDance, continue to deny.
In response to the ruling, TikTok announced its intention to escalate the case to the US Supreme Court, asserting that the law was based on “inaccurate, flawed, and hypothetical information.” TikTok’s spokesperson further expressed confidence that the high court would protect the free speech rights of American citizens, citing the Supreme Court’s historical commitment to upholding First Amendment principles.
The US government has long raised concerns about the app’s ties to the Chinese government, viewing it as a national security threat. The law was framed as part of a broader strategy to curb China’s influence in the digital space, with the court affirming that it was “carefully crafted to deal only with control by a foreign adversary.”
Despite the setback, TikTok’s legal fight is far from over. The Supreme Court remains the next battleground, and the company’s future in the US hangs in the balance.
Could Donald Trump’s Election Impact TikTok’s Fate?
The timing of this legal battle is crucial, as the upcoming presidential transition may influence the outcome. With Donald Trump’s victory in the 2024 election, the fate of TikTok could take a new turn. While Trump had previously attempted to ban the app during his first term in 2020, he has indicated that he would not allow the ban to go into effect during his second term.
Trump will be inaugurated on January 20, the day after the law mandates TikTok’s ban or forced sale. While it remains uncertain whether he will act on his pre-election promises, political analysts suggest that his stance could be crucial in determining TikTok’s future in the US.
Professor James Grimmelmann of Cornell University noted that the president-elect would face considerable political pressure. “Anti-China sentiment in the US Congress is powerful, so there are now substantial constituencies in both parties that want the app to be restricted from the US market,” he said.
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Impact on Users and Rival Platforms
Users and competitors alike have closely monitored the case. Small business advocate Tiffany Cianci, a creator on the platform, expressed disappointment but wasn’t surprised by the court’s decision. She said she would not shift her content to other platforms despite the challenges. “I’m not going to do what they want and take my content to their platforms where it’s not as successful, where it’s more likely to be censored, where I am more likely to have less control over my audience,” she said.
However, other platforms are preparing for a potential post-TikTok social media landscape. Meta, which owns Facebook, Instagram, WhatsApp, and Threads, has already rolled out features resembling TikTok’s short-form video format. Analysts predict that a ban could significantly benefit these platforms, particularly Meta, YouTube, and Snap, while content creators and small businesses that rely on TikTok may suffer.
Jasmine Enberg, a principal analyst at eMarketer, pointed out that a TikTok ban would lead to “major upheaval” in the social media landscape. She also highlighted that platforms like Meta and YouTube would likely reap the benefits, capitalising on TikTok’s absence.
Yet, despite the rise of potential rivals, experts believe that TikTok’s unique algorithm and AI-driven recommendation engine would be hard to replicate. Cory Johnson, Chief Market Strategist at Epistrophy Capital Research, explained that TikTok’s immense infrastructure, powered by advanced deep learning models, allows it to hyper-target users on a scale unmatched by most platforms.
This level of sophistication comes with risks, particularly concerning China’s data laws, which have drawn criticism. As Johnson noted, the example of Elon Musk’s influence on Twitter (now X) underscores the potential for algorithms to favour certain voices, a cautionary tale for social media platforms in the US.
Which Countries Have Banned TikTok?
The legal battle surrounding TikTok is just one chapter in a broader global push against the app. Many countries have taken drastic steps to either ban or restrict the use of app due to concerns about national security, privacy, and foreign influence. The growing list of countries where TikTok has been banned includes:
- Afghanistan (Date formed: 2200 BC)
- India (Date formed: 15 August 1947)
- Canada (Date formed: 1 July 1867)
- New Zealand (Date formed: 6 February 1840)
- United Kingdom
- Australia (Date formed: 1 January 1901)
- Taiwan (Date formed: 1 January 1912)
- Belgium (Date formed: 4 October 1830)
- Denmark
- European Union
- Pakistan (Date formed: 14 August 1947)
- United States (Date formed: 4 July 1776)
- France
- Netherlands (Date formed: 30 January 1648)
- Indonesia (Date formed: 17 August 1945)
- Norway (Date formed: 872 AD)
- Nepal (Date formed: 1768)
- Somalia (Date formed: 1 July 1960)
- Latvia (Date formed: 18 November 1918)
- China (Date formed: 1 October 1949)
- Estonia
- Iran
- Bangladesh (Date formed: 26 March 1971)
- Armenia (Date formed: 21 September 1991)
TikTok’s global presence faces a significant challenge as countries continue to take action. While it remains a cultural and social phenomenon, the future of the app depends on navigating complex geopolitical landscapes and national security concerns.
Looking Ahead: A World Without TikTok?
As the legal drama continues, the question on everyone’s mind is what will happen if TikTok is banned in the US. Will it remain a dominant force globally, or will rivals like Meta, YouTube, and Snap fill the void left by its absence? The outcome will depend on the legal process and how users and creators adapt to this rapidly shifting landscape.
TikTok’s battle in the US is far from over, but whatever the outcome, it has already reshaped the digital world in ways that can’t be undone. The future of social media—and the role of AI-driven platforms like TikTok—remains uncertain, but one thing is clear: the story is far from finished.
