Tiktokers file lawsuit against law that could ban the app in the U.S.

Eight tiktokers have filed a lawsuit to stop the law that would ban TikTok in the United States. They argue that the regulation would violate their freedom of speech and jeopardize one of their sources of income. The lawsuit was filed with the U.S. Court of Appeals for the District of Columbia Circuit, requesting that the law be declared unconstitutional and prevented from being enforced.

The bill, signed into law in April by President Joe Biden, would force TikTok to divest from its parent company, ByteDance, within a year. If it fails to comply, the service would be banned nationwide. The regulation states that TikTok's ties to the Chinese government pose a risk to the national security and privacy of U.S. citizens.

Tiktokers describe the app as a unique means of expression, noting that its recommendation algorithms allow for unparalleled connection and expression. "These features, unique to the TikTok system, give it a distinct culture and identity," the lawsuit states. It also notes that while plaintiffs have used other networks such as Facebook and Instagram, the communities on these platforms are significantly smaller compared to those on TikTok.

The whistleblowers highlight the importance of TikTok's editorial policies and fear that a change in ownership would alter its terms and revenue, as happened with Twitter (now X) after its acquisition by Elon Musk. "TikTok would cease to be TikTok without its content recommendation technology," they warn.

The sale of TikTok to ensure its continued presence in the U.S. market would require the approval of Chinese regulators, who have indicated they would not approve the transaction and have imposed restrictions on the export of the recommendation algorithm.

TikTok lawsuit has a chance of success, similar to the one filed by ByteDance last week, backed by the First Amendment of the U.S. Constitution, experts such as Jameel Jaffer, director of the Knight First Amendment Institute at Columbia University, believe TikTok's defense is strong and that the First Amendment protects access to foreign ideas and information.

TikTok has emerged as a strong competitor to large technology and entertainment companies in the U.S. According to Bernstein Consulting, users spend more than 2.8 billion minutes annually on the app, ranking it as the second most used digital service in the U.S., behind only Netflix. TikTok's growing popularity threatens Google and Meta's dominance in the digital advertising market, registering a 26% year-on-year increase in advertising revenue in 2022, and it is projected that it could double its profits in two years, reaching US$13.8 million.