Story so far: On Monday (January 20, 2025), shortly after taking office as the 47th President of the United States, Mr. Donald Trump signed an order that gave TikTok a 75-day lifeline. The short-video sharing platform went offline for U.S.-based users just a day earlier following a protracted legal and political battle that ended in a federal ban. TikTok contested the ban and appealed to the U.S. Supreme Court. The apex court heard the case and upheld the ban, making both Google and Apple remove the app from their app stores. Web-hosting platforms were also ordered to cut ties with the platform or face fines as much as $5,000 per user that can access the app after the ban.
Based on what law was TikTok banned?
The controversial law, ‘Protecting Americans from Foreign Adversary Controlled Applications Act,’ signed by former President Joe Biden in April, was aimed at blocking apps that are controlled by the U.S.’s foreign adversaries, like China, from operating in the country. It specifically targeted TikTok, which is owned and controlled by ByteDance, a Chinese firm. The goal of the Act is to prevent potential threats to U.S. national security from apps that may be used for espionage, data collection, and other harmful activities.
How does the law apply and what are the exceptions?
Under the law, some apps controlled by foreign adversaries can be prohibited from being distributed, maintained, or hosted in the U.S. However, it does allow an exception for apps that undergo a “qualified divestiture,” meaning they can be sold or restructured in a way that reduces foreign control. The bill also excludes apps that are mainly used for posting product reviews, business reviews, or travel information, so these types of applications are not affected by the law.
To enforce the ban, the U.S. Department of Justice (DoJ) has been given the authority to investigate and impose penalties on any entity that violates the law. The penalties are determined based on how many users the app has. TikTok has over 170 million U.S.-based users. If the app is banned, users are entitled to request and receive all their account data—like posts, photos, and videos—before the prohibition is enforced, ensuring they don’t lose access to their content.
Any challenge to specific actions or decisions under the law must be made within 90 days of the decision. And legal disputes related to the law will have to be handled exclusively by the U.S. Court of Appeals for the District of Columbia.
What does Mr. Trump’s executive order say?
Mr. Trump has noted that the timing of this enforcement is problematic as it doesn’t give his administration enough time to adequately assess the national security risks posed by TikTok or to negotiate a solution to address those risks without immediately shutting down the platform. And so, he has directed the Attorney General not to enforce the Act’s provisions for 75 days from the date of the ban order.
During this period, the DoJ is prohibited from imposing penalties on platforms distributing or maintaining the app. This will allow the administration to properly assess national security concerns and find a balanced solution without rushing into a drastic shutdown.
Can the President override a ban upheld by the Supreme Court?
While a section of legal experts may recognise the broad authority granted to the President under the Constitution of the U.S. in matters of national security and foreign relations, others will raise concerns that Mr. Trump’s order could undermine the Congress’s authority to legislate.
If the U.S. Congress passed this Act, there is an argument that Mr. Trump’s order to delay enforcement could interfere with Congress’s intent, especially if the delay becomes indefinite or is used to bypass the law entirely. While the order on overrunning the ban on TikTok has a time limit of 75 days, it’s unclear whether there is a possibility of entirely bypassing the law.
Another way to look at the order is through the lens of political expediency given the widespread popularity of TikTok among Americans, especially younger demographics. Mr. Trump may be attempting to balance national security with public relations and economic interests. In this context, the order is just a temporary measure to avoid an immediate shutdown and give the new administration time to negotiate a solution with TikTok’s parent company, ByteDance, or potentially implement mitigation measures.
Ultimately, the Supreme Court may play a key role in determining whether Mr. Trump’s order is consistent with constitutional principles, especially if this matter is challenged in court. If the case reaches the apex court, it could result in a landmark ruling on the separation of powers and executive authority in national security matters.
What is Mr. Trump’s view on TikTok?
Mr. Trump, during his previous term as U.S. President, issued a directive, ordering TikTok to be sold to an American entity as the platform threatened national security, foreign policy, and the economy.
In August 2020, Mr. Trump said that TikTok “captures vast swaths of information from its users, including Internet and other network activity information such as location data and browsing and search histories. This data collection threatens to allow the Chinese Communist Party access to Americans’ personal and proprietary information — potentially allowing China to track the locations of Federal employees and contractors, build dossiers of personal information for blackmail, and conduct corporate espionage.”
That order was blocked twice (after an appeal) by U.S. federal judges after a group of TikTok influencers challenged the ban. The second judge, U.S. District Judge Carl Nichols, a Trump appointee, found that the President overstepped his authority in using his emergency economic powers.
Subsequently, President Joe Biden revoked Mr. Trump’s ban after taking office in January 2021.
In a peculiar manner, TikTok appears to be perpetually oscillating between a ban and a no-ban, akin to a pendulum trapped within the intricate mechanism of a grandfather’s clock, perpetually swinging back and forth (tick-tock).
Published – January 22, 2025 11:47 am IST
