Tiktok ban is upheld by the US Supreme Court. Here’s what could happen – nationally

Tiktok ban is upheld by the US Supreme Court. Here's what could happen - nationally


The popular social media platform Tiktok The United States is days away from a shutdown after the U.S. Supreme Court on Friday allowed federal law to force a nationwide ban to take effect.

However, questions remain about whether it can still be reversed.

The uncertainty over the app’s future could have ripple effects in Canada, experts say, although Ottawa says what happens in the U.S. won’t affect its own moves to restrict Tiktok’s operations.

The Supreme Court ruling upholds a law passed in April that sets a Sunday deadline for Tiktok’s China-based owner to sell the social media app or face a ban. Tiktok’s US operations will also be wound down in light of the ban.

US President-elect Donald Trump’s incoming national security adviser Mike Waltz told Fox News on Thursday the new administration, which took office on Monday, will keep Tiktok alive in the US if there is a viable deal, although the specific action Trump would entrepreneurship not in detail.

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Click to play video: 'Tiktok ban: Supreme Court decision could create 'high tensions' in US, China'


Tiktok Ban: Supreme Court decision could create ‘high tensions’ in US, China


It’s not clear what authority Trump would have to intervene, though he could order the Justice Department not to enforce the law, which threatens sanctions against the tech companies that provide and host the app.

Pam Bondi, Trump’s nominee for U.S. attorney general, dodged a question during her Senate confirmation hearing Wednesday about whether she would enforce a Tiktok ban.

“We will take steps to prevent Tiktok from going dark,” Waltz said, pointing to a provision in the law that allows for a 90-day extension if there is “significant progress” toward a divestiture.

“Essentially, that buys President Trump’s time to keep Tiktok going,” Waltz said.

Bytedance has been firm in its refusal to sell Tiktok and part of the platform’s highly lucrative algorithm. If Trump were to use the “substantial progress” provision, it could be challenged in Congress or in court.

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Click to play video: 'Tiktok Ban: US Supreme Court hears arguments in case'


Tiktok Ban: US Supreme Court hears arguments in case


Separately, congressional Democrats this week introduced legislation that would extend the forced divestiture deadline by 270 days. Lawmakers say millions of businesses rely on Tiktok for marketing, and people affected by the deadly Los Angeles wildfires have shared critical information on the app.

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“It is clear that more time is needed to find an American buyer and not disrupt the lives and livelihoods of millions of Americans,” Senate Democratic Leader Chuck Schumer said on the floor of the US Senate on Thursday.

The US legislation cited national security concerns that Tiktok’s 170 million US users were susceptible to propaganda and data harvesting by the Chinese government.

How is Canada affected?

Canada ordered Tiktok to settle last year Canada’s business operations after it said a national security review raised similar concerns about Chinese influence. However, the government said it will still allow Canadians to use and access the app at the time.

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Innovation and Science Minister François-Philippe Champagne and other Canadian officials have repeatedly declined to explain in detail what those concerns are and what evidence they have, citing national security and privacy laws. It also hasn’t fully explained why it feels Canadians are safe to continue using Tiktok, though it has warned users to be careful with their data and personal information.

A spokesperson for Innovation, Science and Economic Development Canada told Global News what happens with Tiktok in the US has no bearing on Canada’s decision.

“The government’s decision under the Investment Canada Act is final,” spokesman Justin Simard said in an email.

Tiktok is seeking a judicial review of the government’s decision, preventing the government from commenting further.


Click to play video: 'Tiktok seeks judicial review of Canadian government's 'unreasonable' shutdown order'


Tiktok seeks judicial review of Canadian government’s ‘unreasonable’ shutdown order


Brett Caraway, an associate professor at the University of Toronto Mississauga’s Institute of Communication, Culture, Information and Technology, says a shutdown of Tiktok’s U.S. operations would further strengthen Tiktok’s business base in China, further distancing Canadian and U.S. users and the platform would further distance themselves.

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“The main operations for bytedance are in Beijing,” he said in an interview. “So if you have technical problems, if you have any concerns, you don’t talk to anyone in Canada or the US anymore.”

The main impact Canadians could see from a U.S. shutdown, Caraway said, is a sudden disappearance of U.S. content, customer bases and advertising revenue on Tiktok.

“Suddenly there would be 170 million fewer users on Tiktok,” he said. “For Canadians who make money on Tiktok, that is their most lucrative audience.”

Canada does not have legislation that would allow the government to ban an app like Tiktok as U.S. law does.

US law mandates a ban on new Tiktok downloads in Apple or Google App stores if bytedance has not divested the site.

Users who downloaded Tiktok could theoretically still use the app, but the law also prohibits US companies from providing services to enable its distribution, maintenance or updating once a ban begins.


Click to play video: 'Trump asks Supreme Court to delay law that could ban Tiktok until he can act'


Trump is asking the Supreme Court to delay the law that could ban Tiktok until he can act


The president can issue a one-time, 90-day delay to the ban if he certifies to Congress that there has been evidence of significant progress and binding legal agreements in place to allow a complete phaseout in three months.

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The legislation was passed as part of a larger bill that, among other things, provided billions of dollars in emergency military and humanitarian aid to Israel, Ukraine and Taiwan.

Trump has reversed his position on the popular app after trying to ban it during his first term over national security concerns. He joined Tiktok during his 2024 presidential campaign and his team used it to connect with younger voters, especially male voters, by pushing content that was often macho and aimed at going viral.

He pledged to “save Tiktok” during the campaign and has credited the platform with helping him win more youth votes.

“There is no better dealmaker than Donald Trump,” Karoline Leavitt, the incoming White House press secretary and a spokesperson for the Trump transition team, told Reuters.

– with files from the Associated Press and Reuters






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