The House of Representatives swiftly passed a bill on Wednesday, advocating for the detachment of TikTok from its parent company, ByteDance, or facing potential prohibition, marking a significant leap in legislative action. President Joe Biden’s expressed support for the measure further intensifies the scenario, yet TikTok’s future remains uncertain with the bill now advancing to the Senate.
With an overwhelming 352-65 vote, the bill garnered bipartisan support, highlighting the urgency and consensus surrounding the matter.
In response, TikTok released a statement expressing hope for the Senate’s consideration of the factual intricacies and acknowledgment of the economic ramifications, including the impact on 7 million small businesses and the 170 million Americans actively engaged with the platform.
Our statement on today's House vote: This process was secret and the bill was jammed through for one reason: it's a ban. We are hopeful that the Senate will consider the facts, listen to their constituents, and realize the impact on the economy, 7 million small businesses, and…
— TikTok Policy (@TikTokPolicy) March 13, 2024
Although proponents refrain from labeling the bill as a “ban,” its passage could lead to two distinct scenarios. Firstly, TikTok may opt to divest its Chinese ownership within six months, thereby continuing operations in the U.S. Alternatively, should ByteDance resist selling TikTok, it could result in the software’s prohibition from distribution via prominent platforms such as Apple’s App Store and Google Play within the U.S.
The origins of this initiative trace back to the Trump administration, where an executive order aimed at compelling ByteDance to divest TikTok emerged. Notable players like Oracle and Microsoft expressed interest during that period. However, the endeavor faced setbacks, ultimately unraveling as former President Donald Trump’s tenure concluded. Microsoft’s CEO, Satya Nadella, later described the episode as unprecedented.
Former President Trump’s stance on TikTok has notably evolved. While acknowledging national security concerns, he now opposes the ban, partly due to potential benefits accruing to Facebook, TikTok’s major competitor. This shifting stance has resonated with other Republican lawmakers, with Representative Thomas Massie humorously referring to the bill as the “Facebook Protection and Enhancement Act.”
Opposition and Advocacy
However, opposition voices, like Representative Sydney Kamlager-Dove, emphasized potential adverse effects on creatives and small businesses. TikTok itself has actively lobbied against such measures, rallying content creators to voice their concerns on Capitol Hill.
Despite the bill’s successful passage in the House, its fate in the Senate remains uncertain. Senator Rand Paul has already voiced opposition, citing concerns over potential infringements on Americans’ First Amendment rights. Moreover, with elections looming, the Senate’s appetite for pursuing action against TikTok may wane, especially without a corresponding bill.
China’s opposition to the forced sale of TikTok aligns with its regulatory stance. Meanwhile, TikTok’s rapid mobilization of its U.S. user base and CEO’s direct engagement with lawmakers underscore the company’s proactive efforts to influence legislative outcomes.
The House’s decisive action underscores the growing scrutiny on TikTok’s corporate affiliations, setting the stage for a potentially contentious debate in the Senate and beyond.
