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With the US Senate’s passing legislation on Tuesday night that will pressurize the app to either undergo a sale or face a ban, TikTok stands at a pivotal moment. Despite the looming threat, TikTok still possesses several potential avenues to explore.
Firstly, once President Biden signs the bill into law, the company plans to mount a legal challenge against the legislation on First Amendment grounds. This legal route aims to contest the ban by asserting constitutional rights.
Additionally, as stipulated in the bill, ByteDance, the Chinese owner of TikTok, will have a grace period of up to a year to divest from the app. During this interim, TikTok could anticipate a shift in political dynamics post-upcoming elections, potentially altering the regulatory landscape.
In a last-ditch effort, ByteDance may expedite TikTok’s separation, potentially establishing it as an independent entity with its own stock. This strategic move, if executed, could expedite compliance with regulatory mandates, reassuring the audience about the company’s proactive approach.
However, the Chinese government’s influence adds a layer of uncertainty to the proceedings. China can obstruct any sale or alter its terms, potentially complicating the situation by withholding crucial elements such as TikTok’s algorithm.
While ByteDance has not yet responded to the Senate’s decision, it previously stated its opposition to any forced sale of TikTok. The company’s stance aligns with Beijing’s vow to oppose such actions, potentially leading to a prolonged legal battle if the bill becomes law.
TikTok has defended the bill, highlighting concerns about free speech rights and the economic impact of a potential ban. The platform’s chief executive, Shou Zi Chew, reiterated the company’s commitment to protecting its interests through legal means.
As the bill heads to President Joe Biden’s desk for approval, its implications for TikTok’s future in the US remain uncertain, awaiting further developments in the legal and geopolitical arena.
