‘US TikTok ban is based on suspicions of Chinese interference’

The complaint that TikTok’s parent company, ByteDance, is filing against the US government is quite promising. That’s what Menno Weij, tech lawyer at BDO Legal, thinks. ‘The government has taken a far-reaching step.’

Chinese government

ByteDance is suing the US government over a law that President Joe Biden signed two weeks ago, which forced ByteDance to sell its American parts. If the company does not do this, TikTok could be banned in the United States. TikTok must be closed within nine months. “I think it is a far-reaching step,” says Weij.

According to Weij, the suspicion is that the Chinese government is behind ByteDance and that that is where the real evil lies. “But there’s no evidence of that.” The American government therefore wants to take measures based on suspicions. ‘That is a very dangerous precedent. The moment you do this, you have to continue that line.’

Freedom of speech

TikTok argues that a ban is not simply possible. The plug has not been pulled in nine months, reports the popular video app. Furthermore, the company relies on freedom of expression. ‘So many Americans use the platform and you limit them when you start walking on this route.’

Also read | TikTok is suing the US government for threatened ban or sale

There is a lot of support for the bill from politicians, but things are different among (small) entrepreneurs who make money with TikTok. Weij finds it difficult to say whether the argument of freedom of expression is successful. “But I think the law goes too far and TikTok has a good chance.”

Clock is ticking

In the meantime, the countdown for the closure of TikTok in America continues. TikTok must be closed on January 19, 2025. 170 million Americans who use the platform will then not be able to use it. Weij expects that a decision will probably be made before then. “It would be strange if it only came after the law had already come into effect.”

‘Regulation is better’

In Europe, efforts are being made to regulate the app, instead of banning it. That is wiser, Weij thinks. ‘Certainly from a European perspective, this will go a long way. If the accusation is that it is indeed Chinese government interference, that means data goes to China. That’s where the GDPR comes in.’

Also read | Outside world is in the dark about national security risks of TikTok in the US

You can tackle the company with this, says Weij. In addition, there is now the Digital Services Act, which the European Commission also wants to make significant use of in the context of the elections. ‘It contains tools to require these types of platforms to do something about it if fake information is spread and elections are influenced.’

The fact that TikTok is still active in the EU is not proof that the app complies with privacy legislation, Weij emphasizes.