Why is TikTok being banned in America and what happens next with ruling days away?

TikTok is one of the most popular apps in the United States - and the world. The platform started off as a dance app and stormed to prominence during the pandemic when the world turned to social media for light-hearted content and escapism.

Since then, the app, owned by Chinese company ByteDance, has garnered 170million American users and has become a source of information and education for young people. TikTok has become a full time job for some people, while for others it remains a place of self expression and fun.

Over the last few months, though, arguments around potential national security risks emerged due to the company's ties to China. Fast forward to last Friday, the Supreme Court appeared moved to support a law that could see TikTok banned in the US from Sunday, January 19, unless the platform is sold by its China-based parent company.

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During the hearing, Chief Justice John Roberts highlighted his primary worry regarding TikTok's ownership by China's ByteDance and the obligation for the parent firm to comply with Chinese intelligence directives.

Should the legislation, passed with bipartisan support in Congress and signed by President Joe Biden in April, remain unchallenged, TikTok will be forced to "go dark" on January 19, said attorney Noel Francisco, representing TikTok.

Will TikTok actually be banned?

It is still up in the air as to whether there will be an outright ban. President-elect Donald Trump, who boasts 14.7million TikTok followers, has requested a delay to the deadline to facilitate time for a "political resolution."

Francisco, who served as solicitor general during Trump's initial term as president, is pushing for a temporary stay so TikTok can continue. He suggested "we might be in a different world" after Trump is inaugurated on January 20.

During Friday's hearing, only Justice Neil Gorsuch seemed inclined to side with TikTok, suggesting that the ban could violate the Constitution. The spread of misinformation on TikTok is also a concern. Gorsuch noted that TikTok had proposed posting a warning about potential manipulation by the Chinese government.

Solicitor General Elizabeth Prelogar, who was defending the law on behalf of the Biden administration, argued that a simple warning wouldn't sufficiently counteract the spread of misinformation.

Lawyers representing content creators and TikTok user pointed towards the First Amendment restrictions that would impact TikTok and its users, threatening the livelihoods of content creators, if the law were to be instated.

However, Justice Brett Kavanaugh highlighted US concerns about China gaining access to information on millions of Americans, particularly teenagers and people in their 20s, an extremely popular demographic with TikTok.

Roberts dismissed arguments that banning TikTok violates American users’ free speech rights, stating: "Congress is fine with the expression. They’re not fine with a foreign adversary... gathering all this information about the 170 million people who use TikTok."

A quick decision is expected to be made before the January 19 deadline.

What are the security concerns?

TikTok is viewed by the US Government as a national security threat due to its connections with China. US officials contend that the copious amounts of user data TikTok amasses, including sensitive details on viewing habits, could be accessed by the Chinese government through coercion.

They also worry that the app's proprietary algorithm, which dictates what users see, could be susceptible to manipulation by Chinese authorities, who might pressure ByteDance to subtly influence content on the platform. TikTok, which last year filed a lawsuit against the government over the legislation, has consistently refuted claims that it could serve as an instrument of Beijing.

What happens next?

ByteDance has dismissed selling the short-form video platform, but several investors have shown interest in TikTok, including Trump’s Former Treasury Secretary Steven Mnuchin and billionaire businessman Frank McCourt. On Thursday, McCourt’s Project Liberty initiative announced that it had submitted a proposal to ByteDance to acquire TikTok’s US assets.

If TikTok isn’t sold to an approved buyer, federal law would prevent app stores, such as those run by Apple and Google, from offering the popular app. It would also stop internet hosting services from hosting TikTok.

Existing TikTok users will still be able to access the app, but new users won’t be able to download it, and existing ones will no longer receive updates. This will eventually make the app unusable, according to the Justice Department's court filings. A future sale of the platform, even after the ban takes effect, would allow TikTok to resume operations, according to proceedings.

What are app alternatives?

US users are flocking to a Chinese app called RedNote in light of the potential TikTok ban. RedNote, known in China as Xiaohongshu, the Mandarin term for "Little Red Book", is a Chinese social media and e-commerce platform.

Launched in Shanghai in 2013, RedNote blends features of Instagram, TikTok, and Pinterest, offering users a space to share lifestyle tips, product reviews, short videos, and more. Unlike TikTok's exclusive focus on short-form videos, RedNote goes further, including images, community discussions, and in-depth reviews to create a well-rounded content-sharing experience.

The platform also boasts integrated e-commerce capabilities, allowing users to livestream and shop directly within the app, merging entertainment with convenience.

RedNote has also faced claims of censorship, though, particularly on posts critical of the Chinese government. In Taiwan, public officials are barred from using RedNote due to security concerns tied to Chinese-developed software.

Lemon8, also owned by TikTok’s parent company ByteDance, is another alternative. The lifestyle app allows users to post pictures and short-form videos and has been described as a mixture of Instagram and Pinterest. However, the law that targets TikTok also states the divest-or-ban requirement for ByteDance applies generally to apps that are owned or operated by the two companies or any of their subsidiaries, so Lemon8 may be at risk.

Instagram, YouTube, and Snapchat are well-known apps that are still going strong. Instagram launched Reels in 2020, similar to TikTok, and experts say creators are likely to set up shop there if a TikTok ban does happen.

As well as longer form videos, YouTube users can scroll through Shorts just as they can on TikTok, so the option of bite-sized videos is still there. Snapchat, too, remains popular among teens and younger adults and now has 'Stories'. This let users post photos or videos that disappear within 24 hours, leaning into that snippet-type video.

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