TikTok Wins in the Privacy vs Free Speech Argument?

A US judge has overturned Montana's ban on TikTok, ruling that it violated users' free speech rights. The ban, scheduled to take effect on 1st January 2024 would have made it illegal for app stores to offer TikTok, with penalties of up to $10,000 for non-compliance. 

The short-video sharing app, owned by China's ByteDance, filed a lawsuit against Montana, arguing that the ban was unconstitutional. US District Judge Donald Molloy sided with TikTok, stating that the law "violates the Constitution in more ways than one" and "oversteps state power." 

TikTok expressed satisfaction with the decision, emphasising that the rejection of the "unconstitutional law" allows hundreds of thousands of people to continue expressing themselves on the platform. The state attorney's office in Montana is considering its next steps to defend the law, citing concerns about data security and the Chinese Communist Party.

TikTok, with 150 million American users, has faced global scrutiny over data privacy issues, though ByteDance denies being controlled by the Chinese government.

What Happens Next?

The ban on TikTok has ignited concerns about freedom of speech, as the popular social media platform finds itself entangled in legal battles across various states. In Montana, where the ban is under scrutiny, Emilee Cantrell, a spokeswoman for the state's Department of Justice, highlights the intention to defend the law on grounds of protecting people from potential data compromise by the Chinese Communist Party. 

The dispute raises questions about the balance between national security concerns and the protection of users' rights to express themselves on digital platforms. As the legal battles unfold, the TikTok ban serves as a focal point for ongoing debates about the intersection of technology, national security, and the preservation of freedom of speech in the digital age.

Lawmakers, including Senators Mark Warner, John Thune, and Michael Bennet, reiterated security concerns and called for an all-out ban. However, the path to a national ban faces significant legal and public opinion challenges. 

Previous attempts, particularly under the Trump administration, were stopped in court due to free speech concerns. TikTok, a rapidly growing and immensely popular app in the US, boasts millions of users unlikely to willingly part with it. 

A coalition of civil liberties and privacy groups opposes the ban, emphasising its infringement on constitutional rights to freedom of expression. While opinions on a TikTok ban diverge, there is a shared belief in the necessity of federal data privacy regulation to safeguard consumer information across all major tech platforms, something that is reflected in the American Data Privacy Act currently under consideration in Washington.

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.