Explainer: What is the Bill That Could Get TikTok Banned in the U.S.?

The US House of Representatives passed a bill in March 2024 with a substantial majority. The bill, titled 'Protecting Americans from Foreign Adversary Controlled Applications Act', garnered 352 votes in favour and 65 against, reflecting bipartisan concerns over national security risks associated with TikTok's Chinese parent company, ByteDance. Now, the bill advances to the US Senate for further deliberation in this month.

Key provisions of the bill include:

1. The bill mandates that ByteDance, the Chinese parent company of TikTok, must divest its stakes in TikTok within six months of the bill's enactment. Failure to do so would result in stringent consequences, including potential bans on the platform.

2. In the event of divestment, TikTok would be allowed to continue operating in the US only if ByteDance relinquishes control over its proprietary algorithm. This algorithm is responsible for curating content and tailoring it to users' preferences.

3. If ByteDance fails to comply with the divestment requirement, TikTok will be barred from major app stores such as Google and Apple. Additionally, web hosting services would be prohibited from hosting TikTok until divestment occurs.

4. The bill grants the President authority to determine, through an inter-agency process, whether TikTok is no longer under the control of a foreign adversary.

Why does the US want to ban TikTok?

Lawmakers and intelligence officials have expressed concerns that TikTok may be collecting and sharing sensitive user data with the Chinese government.

There are worries that TikTok could be used as a tool for foreign influence and propaganda, particularly by the Chinese Communist Party (CCP). Critics argue that TikTok's operations lack transparency, making it difficult to assess the extent of data collection and sharing practices.

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In August 2020, former President Trump issued an executive order seeking to ban TikTok and another Chinese-owned app, WeChat, stating that there were national security concerns. Various bipartisan bills have been introduced in Congress aimed at addressing concerns related to Chinese-owned social media platforms like TikTok. These bills often focus on enhancing transparency, data privacy protections, and national security measures to mitigate potential risks associated with foreign ownership and influence.

In 2019, the Committee on Foreign Investment in the United States (CFIUS) launched an investigation into ByteDance's acquisition of Musical.ly, the predecessor to TikTok, leading to heightened scrutiny of TikTok's operations and data handling practices. CFIUS is an intra-agency committee tasked with reviewing foreign investments in US companies for potential national security implications.

Montana was the first U.S. state to pass legislation specifically targeting TikTok. The legislation aimed to ban TikTok on all personal devices within the state, with provisions for fines against app stores hosting TikTok. However, a federal judge temporarily blocked the ban, citing concerns about potential violations of the First Amendment.

Measure taken by other countries:

Several countries have implemented either full or partial bans on TikTok, reflecting concerns about data privacy, national security, or content regulation. Among those with full bans on TikTok are Afghanistan, India, Iran, Kyrgyzstan, Nepal, and Somalia. In these countries, access to TikTok is restricted for all citizens, with the app unavailable for download or use.

Additionally, several regions have implemented partial bans on TikTok, typically targeting government or public sector employees. In Australia, TikTok is banned on devices issued by certain government agencies. Belgium restricts TikTok on federal government work devices, while Canada imposes a ban on government-issued devices. Denmark limits TikTok access on devices used by Defense Ministry staff, and in the European Union, TikTok is banned on devices used by Parliament, Commission, and EU Council staff.

Similarly, France prohibits TikTok on professional phones provided to civil servants, and Latvia restricts the app on work devices within the Latvian Ministry of Foreign Affairs. New Zealand imposes a ban on TikTok for Parliament members and lawmakers using work devices, while Norway restricts access to government work devices. Taiwan and the United Kingdom also enforce bans on TikTok specifically for government-issued devices.

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