US Judge Blocks Montana’s TikTok Ban

Introduction

A federal judge has blocked the ban on video-sharing platform TikTok introduced by the state of Montana. As widespread political scepticism towards the Chinese-owned social media platform continues, Montana’s ban was a response to growing concerns over how the platform handles users’ data, and its alleged links to the Chinese government. How did the ban come about and what does the ruling mean for TikTok?

About the Ban

Montana’s Senate Bill 419 was signed by the state’s Republican governor Greg Gianforte in May 2023. Its purpose was to ban the video-sharing app TikTok in the state, starting in January 2024. According to Gov Gianforte, the application posed ‘significant risk’ to sensitive state data.

The law intended to prohibit downloads of TikTok in the state and fine any “entity” (such as the app store or TikTok) $10,000 per day every time someone “is offered the ability” to access the social media platform or download the app.

The Federal Ruling

At the time of signing, TikTok vowed to fight back against the ban. It sued Montana in May seeking to block the ban.

This has culminated in Judge Donald Molloy granting TikTok’s request for a preliminary injunction after the app challenged the legislation in court. In doing so, the ByteDance-owned app denounced the unconstitutional infringement of its rights and had the backup of several Montana-based TikTok users. It argued that by banning the app, the state was violating the First Amendment free speech rights of both the company and the app’s users.

In response, a spokesperson for Montana’s Attorney General Austin Knudsen’s office noted that the ruling was preliminary and “the analysis could change as the case proceeds.”

The Wider Issue

There is a wider issue at play, specifically surrounding the way TikTok operates and the growing contextual concerns in relation to the app.

Indeed, while Montana’s ban was the first of its kind to apply unilaterally to all those who live in the state, TikTok has received more restricted bans from governments, including the UK government forbidding its officials from having the app on their phones. This move was echoed in the US and the EU, showcasing a rising Western distrust of TikTok.

The rationale for the Montana ban follows the same reasoning as the ban for government officials: data security. The main concern is that TikTok may be feeding its users’ data to the Chinese government, and could be used as a tool by the Chinese Communist Party to

push misinformation onto American citizens.

TikTok strongly rejects these claims and aims to alleviate these concerns by building new data centres in Europe to process data on the continent. For now, governments remain sceptical.

 

Conclusion

In summary, a federal judge has blocked Montana's ban on TikTok, emphasising constitutional concerns regarding free speech. The legal clash reflects global unease about TikTok's data security and alleged ties to the Chinese government. Despite TikTok's efforts to address these concerns, the case underscores the broader challenge the platform faces in navigating geopolitical suspicions and establishing trust. It can be expected that 2024 will bring further challenges to the company across the world.

By Scott Hickman