TikTok Regulation: Freedom of Speech vs National Security Risk Management
Social media platforms have become a significant medium for self-expression and communication. Among these platforms, TikTok has gained immense popularity, especially among younger generations with around 4.8 billion users. However, as the app's user base continues to grow, we want to take the opportunity to talk about freedom of speech and national security when it comes to TikTok.
Enabling Freedom of Expression at the Risk of Privacy Issues?
TikTok's meteoric rise can be attributed to its unique algorithm that offers users entertaining and easily consumable content. The app allows individuals to create and share short-format videos, showcasing their talents, opinions, and perspectives. For many, TikTok has provided a platform to express creativity, share ideas, and engage with a global community.
However, the app's Chinese ownership, as well as the Chinese government's influence on technology companies, has raised concerns about data privacy and national security. Critics argue that TikTok's data collection practices could compromise user privacy, potentially allowing sensitive information to fall into the wrong hands. This concern is particularly significant given the Chinese government's history of strict control over online content and surveillance.
Furthermore, some countries, including the United States, have expressed apprehension over the potential for foreign interference through TikTok. National security agencies worry that the app could be exploited as a tool for spreading misinformation, propaganda, or even conducting surveillance activities on foreign soil. These concerns have prompted several nations to take action.
The United States, for instance, has taken steps to address these national security concerns. In 2020, then-President Donald Trump issued executive orders seeking to ban TikTok due to its Chinese ownership. This move triggered legal battles and negotiations, resulting in TikTok forming partnerships with American companies to address the U.S. government's concerns. Similar actions have been taken by other countries, with some banning or imposing restrictions on the app's usage within their borders.
On the other side of the argument, defenders of TikTok emphasize the importance of free expression and the sharing of diverse perspectives. They argue that attempts to restrict or ban the app impinge upon individuals' right to freedom of speech and access to a global platform for creative expression. They contend that concerns over data privacy and national security can be addressed through proper regulations and oversight rather than outright bans.
In response to these concerns, TikTok has made efforts to enhance transparency and protect user data. The company has implemented measures to increase accountability, such as publishing transparency reports and establishing content moderation policies to ensure responsible use of the platform. TikTok has also made strides in localising user data, storing it in countries where the app operates to address data privacy concerns.
“Balancing freedom of speech and national security is undoubtedly a complex task. Governments must carefully evaluate the potential risks posed by platforms like TikTok without stifling the fundamental rights of individuals. Striking the right balance requires collaboration between technology companies, governments, and regulatory bodies to establish effective safeguards and ensure responsible use of user data.”
Charlotte Gerrish of Gerrish Legal
Recent TikTok Fine Over Child Privacy Concerns
TikTok has recently incurred a substantial fine of 345 million euros (approximately £298.9 million) from the Irish Data Protection Agency (DPC) for its infringement of European Union privacy laws pertaining to the processing of children's personal data.
This financial penalty follows a prior fine of £12.7 million in the UK, which was imposed on TikTok for its illegal handling of children's data. The privacy breaches in question occurred during a defined period spanning from July 2020 to December 2020.
Upon thorough investigation, the DPC identified several instances where TikTok contravened the principles outlined in the General Data Protection Regulations (GDPR). Noteworthy violations include:
The automatic configuration of child users' accounts as "public" by default.
The absence of transparent information provision for child users.
The authorisation of unrelated adults (who were not guardians of children) to access children's accounts through the "family pairing" setting, intended for users over the age of 16.
The failure to assess the potential risks posed to users below the age of 13, who were inadvertently placed in a "public" setting.
A significant concern revolves around the fact that TikTok actively directed users aged 13 to 17 through the registration process in a way that guided them to set up public accounts by default. This mode of operation inadvertently exposed these underage users to unrestricted access, where their posts, comments, and interactions were accessible to anyone.
Furthermore, the "family pairing" feature, designed to facilitate parental oversight, lacked a fundamental verification mechanism to ascertain the relationship between the paired user and the child, thereby exposing children to contact with unrelated individuals.
In response to these findings, TikTok has initiated measures to rectify the identified issues. The "family pairing" feature has been augmented with more stringent parental controls, and since January 2021, all users under the age of 16 who log in have their accounts automatically configured as "private." Furthermore, TikTok has said that it intends to refine its privacy guidelines to enhance the clarity of distinctions between public and private accounts.
Should TikTok and Other Social Media Platforms Be Regulated?
Balancing freedom of speech and national security requires a nuanced approach. While we must protect our individual liberties, we must also ensure that our national interests and security are not compromised. Here are some points to consider when thinking about regulation.
Data privacy concerns: TikTok collects a vast amount of user data, including location, device information, and browsing history. Without proper regulation, this data could potentially be misused or fall into the wrong hands.
Foreign ownership: The fact that TikTok is owned by a Chinese company has sparked concerns about foreign interference and the potential misuse of data to benefit another nation's interests.
Cybersecurity threats: TikTok could be vulnerable to cyber-attacks or data breaches, which could have far-reaching national security consequences.
Influence and disinformation: Like other social media platforms, TikTok can be used to spread propaganda, disinformation, and divisive content. Regulation could help curb the misuse of the platform for these purposes.
What Could Regulation Look Like?
Regulating TikTok doesn't mean stifling creativity or limiting freedom of expression. Instead, it means establishing clear rules and guidelines to protect user data and ensure that the platform operates responsibly. Here are some steps that could be taken:
Transparency: Require TikTok to be transparent about its data handling practices and make its algorithms and content moderation processes more open to scrutiny.
Data protection: Implement strict data protection regulations to safeguard user information and prevent unauthorised access.
Oversight: Establish regulatory bodies or authorities that can monitor TikTok's operations to ensure compliance with national security and privacy standards.
Collaboration: Encourage cooperation between governments and tech companies to address national security concerns while respecting freedom of speech.
Balancing freedom of speech and national security in the age of TikTok is a complex challenge that requires careful consideration. While the platform has brought joy and creativity to millions, it also poses potential risks that should not be ignored. By implementing smart and balanced regulations, we can strike the right equilibrium, ensuring that TikTok remains a space for free expression while safeguarding our national security interests. Ultimately, the goal is to create a safer digital environment for all.
How Can Gerrish Legal Help?
Gerrish Legal is a dynamic digital law firm. We pride ourselves on giving high-quality and expert legal advice to our valued clients. We specialise in many aspects of digital law such as GDPR, data privacy, digital and technology law, commercial law, and intellectual property.
We give companies the support they need to successfully and confidently run their businesses whilst complying with legal regulations without the burdens of keeping up with ever-changing digital requirements.
We are here to help you, get in contact with us today for more information.