TikTok Faces Legal Setback Over U.S. Ban Under PAFACA

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TikTok has suffered a legal setback in its fight against the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), a U.S. law that could see the platform banned next month unless it is sold to a new owner.

The U.S. Court of Appeals for the District of Columbia Circuit ruled against TikTok on Friday, upholding the law that designates the platform as a “foreign adversary controlled application.” TikTok’s parent company, ByteDance, has been accused by U.S. lawmakers of ties to the Chinese Communist Party (CCP), allegations the company denies.

Under PAFACA, TikTok faces a U.S. ban effective January 19, 2025. ByteDance has stated it will not sell TikTok and plans to continue legal battles to prevent the ban. The company argues that the law infringes on free speech rights and was enacted based on flawed information.

In a statement, TikTok expressed confidence in its case, saying: “The Supreme Court has a historical record of protecting Americans’ right to free speech, and we believe they will uphold this principle. The TikTok ban represents outright censorship, silencing over 170 million Americans on the platform.”

Former President Donald Trump, who initially proposed banning TikTok, has suggested he may reconsider the ban after returning to office. TikTok has a significant user base of approximately 170 million in the United States and maintains that the ban undermines freedom of expression.

As the legal battle escalates, TikTok’s fate hangs in the balance, with implications for its users and the broader debate over data security and government oversight of social media platforms.

Legal Insider