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TikTok Swims Against Tide In U.S, Beyond 

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As TikTok faces increasing resistance in the United States, the United Kingdom and other countries and content creators who depend on the platform are growing concerned. The fate of their businesses is closely tied to TikTok and any disruptions to the app could have significant consequences for them.

The trouble for TikTok in the U.S. began when the American government demanded that ByteDance, the Beijing-based owner of TikTok, divest its shares or face a potential ban to protect national security. U.S. officials fear that sensitive information collected by TikTok could be accessed by the Chinese government, reviving Cold War-era tensions between the two nations. TikTok has vehemently denied these allegations, arguing that a forced sale would not change its data flows or access.

Though the White House has not made an official statement on the ban, it is clear that the demand for ByteDance to sell its shares is a veiled attempt to ban the app altogether if the company does not comply. For years, American officials have raised concerns about the possibility of TikTok’s data being misused by the Chinese government. On March 22, 2023, I highlighted the potential impact of a ban on TikTok, noting that if it were to be enforced, the app’s 170 million users in the U.S. could face significant disruption, even though the ban is currently limited to government devices. The U.K., with over 20 million users, has implemented similar measures. Both countries are among the 150 nations where TikTok is in use, contributing to its global user base of over one billion.

The U.S. government has stated that TikTok must be sold or face a potential ban. Given the sensitive nature of the data stored on government devices, the policy on managing third-party applications has been strengthened, leading to a precautionary ban on TikTok for government use. The Committee on Foreign Investments in the United States (CFIUS), which assesses national security risks, has unanimously recommended that ByteDance divest from TikTok.

As ByteDance challenges this decision in court, global concerns are mounting. “If protecting national security is the objective, divestment doesn’t solve the problem,” said TikTok spokesperson Maureen Shanahan. “A change in ownership would not impose any new restrictions on data flows or access. The best way to address concerns about national security is with the transparent, U.S.-based protection of U.S. user data and systems, with robust third-party monitoring, vetting and verification, which we are already implementing.”

The legal battle between TikTok and the U.S. government is unprecedented. The lawsuit claims that, for the first time in history, Congress has enacted a law targeting a single, named speech platform for a permanent, nationwide ban, potentially silencing millions of users worldwide. ByteDance has no intention of selling TikTok, leaving the lawsuit as its primary recourse to prevent a ban. Besides the U.S. and U.K., similar restrictions have been implemented by key international partners, including Canada and the European Commission. As tensions escalate, these bans could spread to other countries, potentially triggering a new Cold War era, especially in light of the ongoing Russian-Ukrainian conflict.

Even if ByteDance were to agree to sell TikTok, potential buyers might be scarce. Major tech companies like Meta and Google could face antitrust hurdles and others might not be able to afford the app, which has about 170 million U.S. users. TikTok’s legal troubles began under former President Donald Trump, whose administration attempted to ban the app, a move blocked by a federal judge due to concerns over free speech and possibly overstated security risks. President Biden’s administration is now trying to address similar legal challenges, with experts suggesting that the Supreme Court might prioritise national security over free speech protections.

The U.S. Justice Department has responded to TikTok’s lawsuit, arguing that the law requiring the app to be sold or face a ban addresses national security concerns rather than speech. The filing emphasises fears that ByteDance could be compelled by the Chinese government to provide user data or censor content. A senior Justice Department official stated, “The goal of this law is to ensure that everyone can use the platform safely, without their data being directed or censored by the Chinese government.” The government contends that the focus on TikTok’s foreign ownership places the law outside the scope of First Amendment concerns.

U.S. intelligence agencies are particularly worried that China might “weaponise” mobile apps, with officials citing attempts by China to gather data on Americans through cyber activities, data brokers and artificial intelligence models. TikTok, however, argues that the forced divestiture is “simply not possible” within the timeline set by the U.S. The law, signed by President Biden earlier this year, gives TikTok until mid-January 2025 to find a non-Chinese buyer or face a ban in the U.S. The White House may extend the deadline by 90 days if necessary.

If TikTok’s lawsuit is unsuccessful, the app could be shut down by January 19, 2025, potentially silencing millions of users who rely on the platform for unique communication. The Justice Department views the statute as a significant shift from previous legal arguments, which could shape future legal battles.

Since its inception in 2018, TikTok has grown from a fledgling app into one of the fastest-growing social networks of all time, with over one billion monthly active users worldwide. The app’s meteoric rise is unprecedented, outpacing even social media giants like Facebook and Instagram, which took nearly a decade to reach similar user numbers. TikTok has firmly established itself as a discovery platform, making an understanding of its SEO increasingly crucial.

As of 2024, TikTok boasts 1.04 billion monthly active users globally, with 170 million in the U.S. alone. The app generated $16 billion in U.S. revenue in 2023 and American adult users spend an average of 53.8 minutes per day on the platform. In the first quarter of 2024, TikTok was downloaded 137 million times. According to eMarketer, out of 3.96 billion monthly active social media users worldwide, 26.26 per cent use TikTok at least once a month, and 19.26 per cent of the world’s 5.4 billion internet users are active on TikTok.

Globally, TikTok users spend an average of 95 minutes per day on the app, more than on any other social network. In comparison, Instagram users spend an average of 62 minutes, X (formerly Twitter) users spend 30 minutes, and Snapchat users spend 19 minutes. In the U.S., TikTok users spend 53.8 minutes per day on the app, outpacing other platforms like YouTube (48.7 minutes), X (34.1 minutes), and Facebook (30.9 minutes). More than half of TikTok’s weekly active users in the U.S. are between 18 and 34 years old, with only 14 per cent aged 55 and above.

Although the U.K.’s TikTok ban applies to government corporate devices within all departments, specific exemptions are allowed for work purposes. These exemptions are granted on a case-by-case basis, with security measures in place, and cover areas such as enforcement roles or work on online harms.

Zhang Yiming, the founder of ByteDance, the tech giant behind TikTok, resigned as CEO in May 2021 and as chairman in November 2021, reportedly under pressure from the Chinese government. TikTok remains extremely popular among content creators in developing countries, including Nigeria, where the platform continues to thrive despite the growing global scrutiny.

Sonny Aragba-Akpore
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