Internet - US judge puts TikTok ban on hold in the state of Montana
The first ban on the popular video app TikTok in a US state has been put on hold by a court. The judge found that an injunction against the corresponding law in the state of Montana was justified. The law, which was passed in May, most likely violates the US Constitution, he explained his decision on Thursday.
This means that the law cannot come into force until the lawsuits against it have been decided. The bill signed by Governor Greg Gianforte was intended to prohibit download platforms from offering the app from January 1, 2024. The reason given was to protect the personal data of Montana residents from the Chinese Communist Party. TikTok users and the company took the law to court.
Judge Donald Molloy sees a high probability that they will prevail with the argument that a ban on the app violates the right to freedom of expression guaranteed by the constitution. A few years ago, an action by then US President Donald Trump against TikTok failed on similar grounds.
TikTok is the only successful online platform in the West that does not originate from the USA. There are concerns, particularly in the USA but also in Europe, that the app could be misused by Chinese authorities to collect information about users. Governments in several countries and the EU Commission have banned the use of TikTok on service cell phones.
TikTok always rejects concerns and emphasizes that it does not see itself as a subsidiary of a Chinese company. Bytedance is 60 percent owned by Western investors. The company is based in the Cayman Islands in the Caribbean. Critics counter that the Chinese founders hold a 20 percent share thanks to higher voting rights and that Bytedance has a large headquarters in Beijing.
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- Despite the legal halt in Montana, the US Government continues to consider banning TikTok nationwide, citing security concerns related to China.
- The city of Missoula in Montana is home to several TikTok creators, creating a vibrant community of content producers within the state.
- Governor Greg Gianforte's government has not officially commented on the judge's decision, leaving the future of TikTok in Montana uncertain.
- A forbidden sign could potentially appear on download platforms for TikTok users in Montana, if the law is ultimately found to be unconstitutional.
- Reportedly, President Donald Trump's administration launched an attempt to ban TikTok in the USA in 2019, but the effort was halted due to potential infringement of First Amendment rights.
- Certain wholesale markets in Montana, fearing the impact of a TikTok ban, are urging the government to reconsider, stating the app's significant contribution to local businesses and communities in the state.
Source: www.stern.de
