Is the TikTok Ban Near?: What It Means for Your Business

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Photo of the US Court dome in Washington DC

Last Friday, the U.S. Supreme Court heard arguments against a looming TikTok ban on January 19. This follows on from a law passed in April, with Congress demanding that TikTok sell its app to an American company, or have it banned completely. 

Despite TikTok’s legal team putting forward an urgent plea, the app’s potential ban still feels imminent in light of the hearing’s aftermath. Below, I’ll take you through the key takeaways from court, and how your business can best prepare for a complete ban if TikTok is already part of your social media strategy.

What Happened During the Hearing?

After passing the law in April, the Supreme Court has been adamant that TikTok poses “a significant threat to national security”. Since TikTok’s parent company, ByteDance, is based in China, there are various concerns over how American profile data is used, as well as worries about the circulation of disinformation and propaganda directly on the app. This view was maintained throughout the hearing.

TikTok’s main defense, which attorney Noel Francisco spearheaded, was the notion that a ban would be a violation of the US First Amendment, preventing American users from expressing themselves freely online. When bringing up this point, he stated:

“I’ll start by saying that TikTok, Incorporated is a United States subsidiary operating in the United States with its own set of free speech rights.”

Congress remained unconvinced by this argument. In fact, the justices maintained their stance that TikTok’s parent company is still bound by Chinese laws and, as a consequence, could be used to assist the Chinese government for its own gain.

A second attorney for Tiktok, Jeffrey Fisher, then stepped forward to defend TikTok on behalf of its content creators. Fisher also saw the ban as a means of restricting speech, insisting that American content creators should be able to create under any publisher they deem fit – foreign or not.

Despite the arguments presented by TikTok’s defense, it still seems unlikely that the TikTok ban will be put to a halt. In the meantime, it’s expected that the justices will come to a final decision soon.

Could Trump save TikTok? Any enforcement of the act could be delayed until Trump’s return to office, since he has expressed a desire to weigh in on the final matter himself. However, this will be based on whether he’s legally able to do so. Trump has previously requested a delay to the ban, but to no avail.

What Should Your Business Do Next?

Though we don’t have 100% confirmation that TikTok will be banned, it does feel wise to create a backup plan in preparation for January 19. If the law is passed, it’s likely that the US app will no longer receive updates and will be phased out due to reduced functionality. Additionally, most users may not notice much difference at first, since the app won’t be forcibly removed from devices.

My main suggestion is to think about diversifying your content. Luckily, there are a few TikTok alternatives – such as Facebook Reels, Instagram Reels, and YouTube Shorts – that are already popular platforms with huge audience bases to tap into.

Now’s the time to start posting your TikTok content on these platforms if you haven’t already. Though you might not build a large following immediately, you can begin to get to grips with the intricacies of each TikTok alternative, and start finetuning your content so it’s better suited for each platform in the long run. 

Top Tip: I also suggest backing up your TikTok content now. Make sure that you’ve downloaded all of your videos, so you don’t lose them if a ban is actioned quicker than expected. You could also start posting them on your new platform(s) of choice to get a head start and establish your presence elsewhere online.

Since we’re likely to hear a verdict from Congress this week, TikTok’s fate may soon be sealed. We’ll keep you posted on any major updates while we anticipate a final verdict.

Written by:
Holly Choules is a Writer at Website Builder Expert with a background in researching and crafting engaging content for digital platforms. In previous roles, she has demonstrated her wordsmith skills by writing for public facing brands in a range of industries. After gaining hands-on experience using leading website builders, like Wix and WordPress, she is now keen to share her findings through informative, easy-to-follow articles that help small business owners get online and grow their presence. Since joining the team in 2024 and transitioning into the tech sphere, Holly is passionate about applying her three years of content writing experience and upholding Website Builder Expert’s position as an authoritative source on website builders, ecommerce, and digital marketing.

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