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The Supreme Court rejected the appeal and upheld the law imposing the ban, highlighting national security concerns and requiring the divestment of the platform’s US operations. A historic decision for the digital future of the United States

As of Sunday, 19 January 2025, TikTok will be officially banned in the United States. The decision, upheld by the Supreme Court, represents a turning point in the regulation of digital platforms. The appeal filed by ByteDance, the company that owns TikTok, was unanimously rejected, despite the argument that the ban would violate the freedom of expression guaranteed by the US Constitution.

According to the US media, the court recognised that TikTok has become a key resource for 170 million American users, describing it as ‘a source of community’. However, it emphasised that Congress had acted primarily on the basis of national security concerns, which it assessed as outweighing other aspects.

The rationale behind the ban: national security at the core

The US Congress justified the ban with the risk that US users’ data could be shared with the Chinese government through ByteDance. This fear was fuelled by intelligence reports and investigations that raised questions about the transparency of the platform’s data management policies.

‘This is not just about protecting Americans‘ personal data, but also safeguarding the country’s digital sovereignty,’ said a congressional spokesperson. The law requires ByteDance to divest its US operations to a company with exclusively US headquarters and control in order to avoid the ban. So far, however, negotiations have not produced any concrete results.

ByteDance’s reaction and the future of TikTok in the US

ByteDance expressed deep disappointment with the Supreme Court’s decision, stating that it will continue to explore all available legal and business options. In a note, the company emphasised that the ban sets a dangerous precedent for global platform access and freedom of expression.

Experts believe that, without a divestment agreement, TikTok could try to redirect its users to other platforms or develop an alternative application with similar features, but compliant with US regulations.

Global and digital implications

TikTok’s ban in the US could have significant international repercussions. Other countries could follow the US example by stepping up regulation of foreign-owned platforms. At the same time, the decision could stimulate the development of new local digital solutions, creating opportunities for emerging competitors.

This episode highlights the growing conflict between national security, technological innovation and individual freedoms, opening a crucial debate on the future of digital governance.

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