TikTok has swiftly responded to new legislation requiring its China-based parent company, ByteDance, to sell the app or face a ban in the U.S. The company’s spokesperson, Alex Haurek, has labeled the law as “unconstitutional” and has announced TikTok’s intention to challenge it in court. This legal action is expected to be lengthy and could potentially delay any ban on the popular social media platform.
The legislation, which was included in a $95 billion foreign aid package approved by Congress, stipulates that ByteDance must sell TikTok within 270 days. President Joe Biden also has the authority to extend this deadline by an additional 90 days if he deems it necessary. Failure to comply with the sale deadline would result in a ban on TikTok in the United States.
TikTok’s CEO, Shou Zi Chew, has previously assured users that the company would use all available legal avenues to protect the platform. In a recent video, Chew hinted that TikTok might challenge the law on the grounds that it infringes on First Amendment rights. He pointed out the irony that TikTok’s freedom of expression mirrors the American values of freedom and democracy.
This legislative move comes amid growing concerns among lawmakers about TikTok’s ties to the Chinese government. ByteDance’s admission that it used TikTok for espionage on U.S. citizens has heightened these concerns. Previous attempts to force a sale of TikTok, including a 2020 executive order by former President Donald Trump, have faced legal hurdles. A judge blocked Trump’s order, citing the potential impact on free speech rights.
The situation is further complicated by Beijing’s stance on any potential TikTok sale. Chinese authorities have warned that they would need to approve any sale and have expressed strong opposition to the transaction.
As TikTok prepares to challenge the ban in court, the outcome remains uncertain. The legal battle could have significant implications for the future of the app and its millions of users in the United States.
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