Does Donald Trump want to ban TikTok?

Remarks from US president-elect suggest he may want to stop forced sale from ByteDance

Some have speculated that US president-elect Donald Trump may want to try and step in to ensure TikTok's future in the US despite concerns he stressed during his first term. AP

As ByteDance awaits a decision from a US federal appeals court that may determine TikTok's future in the country, some users believe president-elect Donald Trump may try to assist with the platform's survival.

"For all those who want to save TikTok in America, vote Trump," he said in a post on his Truth Social platform on September 4.

In a video that lasted less than one minute, he said he was "now a big star on TikTok" and added that "we're setting records", referring to his 14.5 million followers on the platform.

TikTok has more than one billion monthly active users around the world and at least 170 million active users in the US, according to most reports, and the video sharing platform and its algorithm are the envy of many in the technology and media sectors. Yet its success has come under tremendous scrutiny, especially in the US, where concerns have mounted over TikTok's parent company, Beijing-based ByteDance, and whether the company and its trove of user data could be used by the Chinese government.

Some local jurisdictions in the US have banned the app on government devices, while the US federal government has taken similar moves over what it said were national security concerns.

Despite TikTok's repeated insistence that user data was not being compromised, US Congress continued to increase pressure on the platform, resulting in a bill that seeks to force ByteDance to divest from TikTok to a US owner. The law passed with bipartisan support and was signed by US President Joe Biden in April.

In response, TikTok sued the US government, claiming its First Amendment rights had been breached. During his first term in the White House, Mr Trump also expressed concern about the potential misuse of the app's data by Chinese authorities.

The battle over TikTok's future in America

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Those concerns were often couched under the overall rhetoric from the Trump administration, which centred on tariff threats against China. But as Mr Trump's popularity on TikTok grew, he seems to have changed his mind, even seeming to accuse Democrats of driving efforts to force ByteDance to divest, despite the bill passing with Republican support.

"We're not going to do anything with TikTok, but the other side is going to close it up," he said.

The campaigns of Vice President Kamala Harris and Mr Biden had a presence on TikTok during the presidential election, as well after the bill was passed. If ByteDance has not sold its stake in TikTok by January 19, the app will probably be phased out of app stores operating in the US. Stored could faces penalties of up $5,000 for every time the app is distributed after a ban comes into effect, according to legislation passed by Congress.

If ByteDance does not sell TikTok by a January 19 deadline set by US lawmakers, potential monetary penalties could force distributors to remove the app from availability within the US.

ByteDance has indicated repeatedly that it is not willing to divest TikTok from its portfolio, setting up a potential showdown with the US government as the divestment deadline approaches.

Meanwhile, TikTok's legal challenge to the constitutionality of the bill seemed to face sceptical judges in a US appeals court in September. Some of the judges pointed to the 1987 case, Palestine Information Office v Shultz, as a precedent for allowing legislators to try to curtail TikTok's influence in the US.

A decision from the circuit court is likely to be announced before December 6, though that is not guaranteed. It is likely that if TikTok is unsuccessful, ByteDance could appeal to the US Supreme Court.

As for Mr Trump, it is not clear what he could do to prevent the law from forcing a sale, even after he is sworn into office on January 20. On paper, at least, he could encourage the House of Representatives and the Senate to repeal the law. Given Republicans will soon control both chambers, that is a plausible scenario.

Mark MacCarthy, a senior fellow at the Institute for Technology Law and Policy at Georgetown Law in Washington, said that, while the legislation might not be popular in the court of public opinion, it might still persevere through the courts.

TikTok chief executive Shou Zi Chew has said user data on the platform ash not been compromised. AFP

"I think the ban is a terrible idea, but I would agree that it is not unconstitutional," he said, critiquing the arguments made in court by TikTok lawyer Andrew Pincus.

Mr MacCarthy said that, although he is personally concerned that the law is rooted in confrontational US policy towards China, which could escalate, that is not the decision the circuit court will make. There is plenty of precedent for national security concerns to override the free speech arguments made by TikTok's lawyers, he added.

Since TikTok announced its lawsuit against the government, the platform's chief executive, Shou Zi Chew, has been largely silent, although he did address users briefly shortly after the legislation passed in April.

“Make no mistake, this is a ban, a ban on you and your voice," Mr Chew said in a video posted on the platform. “Politicians may say otherwise, but don’t get confused. Many who signed the bill say the TikTok ban is the ultimate goal.”

TikTok has not yet responded to requests for comment on this story and neither has the Trump presidential transition team.