The United States Senate has approved a bill that could lead to TikTok being banned in America due to concerns over national security.
This gives nine months for the Chinese owner of TikTok, ByteDance, to sell its shares, or the app will be blocked in the United States.
The bill will be handed over to US President Joe Biden, who has stated that he will sign it into law as soon as it reaches his desk.
TikTok told the BBC that they have no immediate response to this move. Previously, ByteDance stated that they would oppose any efforts to force them to sell TikTok.
“This is a big deal,” said Doug Calidas, a technology expert at the Belfer Center at Harvard University to the BBC. “In a matter of weeks, they managed to get legislation through both chambers which is rare – seeing them act so swiftly on an issue that has captured public attention.”
If the US succeeds in forcing ByteDance to sell TikTok, any deal still needs approval from Chinese officials – but China has vowed to oppose such a move.
It might take a few years before the app is blocked in the US, as legal actions from ByteDance, likely reaching the Supreme Court, would delay the process.
The legislature then gives the company nine months to sell TikTok, with an additional three-month delay period.
There’s also a small issue of who would be able to buy and operate it – the price tag is likely in the tens of billions – meaning there are few potential buyers.
If not sold in time, the app could then be banned in the country – the US states this because they are concerned TikTok could be used to spy on US citizens or spread propaganda.
TikTok collects the same type of data as other apps, but the US is concerned this data could fall into the hands of the Chinese government – a claim that has always been disputed by the company.
US politicians may also face public backlash – the app has over 170 million users across the country.
Aid to Ukraine
The action was approved as part of a package of four bills that also included military aid to Ukraine, Israel, Taiwan, and other US partners in the Indo-Pacific region.
It garnered broad support from legislators, with 79 Senators voting in favor and 18 opposed.
“For years we have allowed the Chinese Communist Party to control one of the most popular apps in America with very narrow scrutiny,” said Senator Marco Rubio, a senior Republican on the Intelligence Committee.
“The new law will require its Chinese owners to sell the app. This is a good move for America,” he added.
TikTok has cited concerns for civil liberties in its defense.
Last week, the social media company stated that the bill would “trample on the free speech rights of 170 million American citizens, destroy seven million businesses, and shut down a platform that contributes $24 billion to the US economy annually.”
TikTok said ByteDance “is not an agent of China or any other country.” And ByteDance insists it’s not a Chinese company, pointing to global investment firms owning 60% of its shares.
Its CEO, Shou Zi Chew, said last month that the company would continue to do everything they can, including using their “legal rights,” to protect the platform.
Mr. Shou has been questioned by Congress twice in less than a year, downplaying the app’s relationship – and his personal connections – with Chinese authorities.
The social media platform is working to rally support against this potential ban, including large-scale lobbying campaigns.
They are also encouraging TikTok users and creators to express their opposition to the bill.
Law professor at the University of Richmond, Carl Tobias, told the BBC that a protracted legal battle is likely to follow and could “take around two years.”
He also said if buyers for ByteDance’s shares are not found within the nine-month period, it could delay any further actions against TikTok in the US.
