TikTok faces crucial court hearing that could decide fate in US

The US Court of Appeals for the District of Columbia will hold oral arguments on ByteDance’s legal bid to block a potential ban on the app

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US President Joe Biden signed a law in April, giving ByteDance until January 19 to sell TikTok or face a ban. Photo: Getty Images/TNS

Published: 6:30am, 16 Sep 2024

TikTok and parent company ByteDance face a key court hearing on Monday in a legal battle seeking to block a law that could ban the app used by 170 million Americans as soon as January 19.

The US Court of Appeals for the District of Columbia will hold oral arguments on the legal challenge, putting the fate of Chinese-owned TikTok in the middle of the final weeks of the 2024 presidential election.

Both Republican presidential candidate Donald Trump and Vice-president Kamala Harris are active on TikTok seeking to court younger voters.

TikTok and ByteDance argue the law is unconstitutional and violates Americans’ free speech rights saying it is “a radical departure from this country’s tradition of championing an open Internet”.

Driven by worries among US lawmakers that China could access data on Americans or spy on them with the app, the measure was passed overwhelmingly in the US Congress in April just weeks after being introduced.

ByteDance has said a divestiture is “not possible technologically, commercially, or legally” and without a court ruling will lead to an unprecedented ban on January 19. Circuit judges Sri Srinivasan, Neomi Rao and Douglas Ginsburg will consider the legal challenges brought by TikTok and users.