What happens next for TikTok after Supreme Court agreed to hear argument

19/12/2024 6:08

The U.S. Supreme Court agreed on

Wednesday to hear a bid by TikTok and its China-based parent

company ByteDance to block a law intended to force the sale of

the short-video app by Jan. 19 or face a ban on national

security grounds. The highest U.S. court did not immediately act

on a request for an injunction to halt the looming ban.



Here is what will likely happen next for TikTok.







WHAT'S NEXT FOR TIKTOK IN COURT?



The U.S. Supreme Court will hear arguments on Jan. 10, just

over a week before the ban is due to take effect on Jan. 19.

TikTok and its parent ByteDance aim to block a U.S. law passed

in April that would force ByteDance to divest of TikTok or face

the ban. TikTok also has asked that the court issue an

injunction to put the ban on hold while the legal process plays

out, but the court has not yet acted on that request. The social

media company has argued that the law would harm free speech. A

three-judge panel of the U.S. Court of Appeals for the District

of Columbia ruled in favor of the government on Dec. 6, citing

national security considerations related to China.

Last year, TikTok took similar legal actions to stop a ban on

the app in the state of Montana, where a preliminary injunction

was granted.







HOW DID THIS START AND HOW LONG WILL THIS ALL TAKE?

In August 2020, then-President Donald Trump sought to ban both

TikTok and Chinese-owned WeChat, but was blocked by courts. In

June 2021, President Joe Biden withdrew a series of Trump-era

executive orders that sought to ban new downloads of WeChat and

TikTok.

However, legislators later advanced a bill that compelled

ByteDance to divest or face a ban. It passed with wide margins

in both the U.S. House of Representatives and the U.S. Senate.



To be considered a qualified divestiture, the president must

determine TikTok is no longer controlled by and would have no

operational relationship with a Chinese entity.

When Biden signed the bill in April, a 270-day clock started.

That clock ends on Jan. 19, but the process could be extended by

court review.







DOES TRUMP HAVE A ROLE HERE?



Trump becomes president on Jan. 20, the day after the U.S.

law indicates a ban would start. If Biden certifies a path to a

qualified divestiture has been identified, there is evidence of

"significant" progress toward a sale and there are legally

binding agreements in place, he can authorize an additional 90

days for any deal to be finalized.

The additional time would throw the final decision to Trump, who

has said he has a "warm spot" for TikTok and will not allow

short video service, which is used by 170 million Americans, to

be banned. If the Supreme Court does not halt the law before it

takes effect, it is not clear how Trump, once in office, would

be able to affect the matter. TikTok in court papers raised the

possibility that the new administration would "pause

enforcement" or seek to mitigate its potential consequences,

although at least one senator has noted that Trump cannot ignore

the TikTok law.



U.S. tech companies could face billions of dollars in fines

if they allowed users to access TikTok after Jan. 19 and even if

Trump said he would not enforce the law, they could face

potential risks from others who might seek to enforce it.







WILL TIKTOK CHANGE AT ALL?



The TikTok app should not change for its U.S. users between

now and Jan. 19.







WHAT DOES THE CHINESE GOVERNMENT SAY?



China has a list of technologies that would need Chinese

government approval before they are exported. Experts said

TikTok's recommendation algorithm would fall under the list,

making divestment very difficult for ByteDance.