The USA has a bill in the works to ban the use of one of the most widely used – and addictive – social networks on the planet. But those who make their living on TikTok – and we are talking about influential people with the ability to influence the votes of users of this social network – are politically threatening to those who want to go ahead with the ban.
For those just catching up: US lawmakers tried to ban TikTok again over national security concerns related to its Chinese parent company ByteDance. The bill aims to ban TikTok from US app stores unless the social platform is quickly separated from ByteDance.
Bill, called Protecting Americans from Foreign Controlled Applications ActIt was approved by the House Energy and Commerce Committee last week. It was approved on Wednesday in the Council by a vote of 352 to 65.
Many of the roughly 170 million Americans who use the app have expressed concern that a TikTok ban could mean the end of a platform that represents much more than just a network where young people can follow the latest updates about the Princess of Wales. It's where they go to make connections, have fun, seek information and make a living. Some TikTokk users contacted their representatives in recent days urging them to vote “no” on the bill, after the app alerted users to the potential ban.
There are other platforms available to TikTok users — almost every major social media company has spent the last few years trying to mimic the app's popular formula of quick, short videos combined with a powerful recommendation algorithm that keeps users scrolling the screen. However, moving a loyal audience from one platform to another is easier said than done.
But TikTok isn't going away from Americans' phones anytime soon.
The bill faces many obstacles to being signed into law, and if signed into law, it will almost certainly face legal challenges. If the bill becomes law, it remains to be seen whether a US buyer will step in to save the day (if ByteDance is willing to sell the popular platform).
What is the probability that the bill will become law?
Now that the bill has been approved in the House, it heads to the Senate, where the outcome is uncertain.
One major hurdle is that the bill is deeply unpopular among TikTok users, many of whom are also young voters who could have a major impact on the 2024 US election, something the senators are well aware of. Some TikTok users posted videos before Wednesday's vote in which they appeared to be calling their representatives and threatening to vote for alternative candidates if they voted for the bill.
“This process was confidential and the bill was passed for a reason: it is a ban,” a TikTok spokesperson said in a statement after the House vote on Wednesday. “We hope the Senate will consider the facts, listen to voters and understand the impact on the economy, on the 7 million small businesses and 170 million Americans who use our services.”
Senate Majority Leader Chuck Schumer on Wednesday declined to commit to bringing the TikTok bill to the Senate floor for a vote. He added, “The Senate will consider the legislation when it comes from the House of Representatives.”
Senate President Dick Durbin said Tuesday he was concerned about the constitutionality of the bill. He added that the bill's passage could have political consequences — including for President Joe Biden, who has said he would sign the bill if it reaches his desk — before the 2024 election.
“Excluding a large group of young voters is not the best re-election strategy,” Durbin said.
This may be even more true after Biden's potential opponent in November, former President Donald Trump, said he opposes banning TikTok, a step back from his position as president.
Even if the bill passes the Senate and is signed into law, TikTok has indicated that it will likely challenge the legislation in court. A similar bill in Montana was put on hold pending ruling after TikTok claimed it violated the First Amendment.
How does the law work?
If passed, the law would give TikTok about five months to separate from ByteDance, otherwise US app stores would be banned from hosting the app on their platforms.
App stores that violate the legislation can be fined based on the number of users of the banned app. The bill stipulates fines of $5,000 for each user of a banned application. Thus, in the case of TikTok, Apple and Google could face fines of up to US$850 billion each.
It is unclear whether ByteDance will agree to sell or spin off TikTok. If that happens, the company may find it difficult to find a US buyer willing to pay, despite the app's popularity.
TikTok is worth about $100 billion, according to Wedbush analyst Dan Ives. Many of America's largest technology companies are already facing fierce regulatory scrutiny that could prevent them from making such a large acquisition.
While the law would ban TikTok from US app stores, removing the existing app from users' phones would, in practice, pose a more difficult task for lawmakers seeking to ban its use in the United States. Additionally, virtual private network (VPN) services could allow US users to bypass TikTok bans by showing that a US user is connecting to the Internet from a different country.
Where can TikTok users go?
There is no shortage of alternative social media platforms where users can create or watch short videos.
YouTube, Snapchat, Instagram, Facebook, and
Many TikTok users also say that moving a large TikTok audience to another platform is complicated. Different platforms have different monetization plans, which could mean challenges for creators looking to rebuild businesses that rely on TikTok if they have to switch to another social network.
TikTok's heavy focus on the “For You” page makes it much easier for brands to reach new audiences than other apps, Nadia Okamoto, TikTok creator and business owner, explained to CNN this week.
“TikTok users are basically looking for content from people they don't necessarily follow yet. So, as a company, that's something unique,” he said.
However, some TikTok users appear to be preparing for the worst. Some users posted that they were working on following their favorite creators on other platforms, and others posted “goodbye” videos in case the app was banned.
One creator said: “If you're someone who makes money from social media, you need to figure out a way to keep your audience off this app… What would you do if there was a complete and total ban on TikTok?” Known as “Business with Sab,” his content focuses on growing an audience on TikTok, in a video posted on the platform last week. “You have to find a way to attract people to your email list.”
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