The US government has voiced concerns that TikTok’s connection to China-based company ByteDance is a national security and data risk – something both companies deny.

TikTok is seeking an emergency injunction to pause the incoming ban of its services in the US.

Last week, a US federal appeals court upheld a law requiring ByteDance to divest TikTok in the US by early next year, or face a ban.

Yesterday (9 December), the tech giant filed an emergency motion for an injunction to stop the TikTok Ban from taking effect on 19 January 2025, until the company’s appeal of the decision by the Court of Appeals for the DC Circuit is heard by the US Supreme Court.

In March of this year, the US House of Representatives overwhelmingly passed a bill calling for TikTok to separate its US assets from Chinese parent company ByteDance or face a ban in the country. Two months later, TikTok struck back by suing the US government.

Then, in September during TikTok’s appeal, the US government voiced concerns that TikTok’s connection to ByteDance is a national security and data risk. Both companies deny the allegations.

“TikTok is, at its core, its 170m American users. Estimates show that small businesses on TikTok would lose more than $1bn in revenue and creators would suffer almost $300m in lost earnings in just one month unless the TikTok ban is halted,” TikTok said in a statement yesterday.

In addition, the company claimed that in 2023, the “advertising, marketing, and organic reach on TikTok contributed $24.2bn and TikTok’s own operations contributed an additional $8.5bn to US GDP”.

TikTok cited multiple reasons in the filing why a ban would purportedly be detrimental to the company. These concerns include potential negative consequences relating to: hiring and employee retention; US consumer access to TikTok content; and the relationship of TikTok’s advertising and commercial partnerships.

TikTok has come under significant scrutiny over the past month. The European Commission announced last week that it had increased its monitoring of TikTok under the Digital Services Act (DSA), after evidence emerged indicating that accounts on the platform from other EU countries targeted Romania in the lead up to the country’s presidential elections on 24 November.

Ahead of the Irish general elections on 29 November, an investigation by international NGO Global Witness found “significant failings” in TikTok’s ability to moderate disinformation and political content.

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