India’s ban on TikTok to play key role in litigation in US, says FCC chief

US Federal Communications Commission (FCC) commissioner Brendan Carr remarked that India’s prompt and proactive response against TikTok might serve as a precedent in American courts, as the ByteDance-owned company is anticipated to contest the US decision to prohibit its video-hosting service.

His remarks closely follow a forceful directive issued to the popular app by US President Joe Biden. President Biden signed a bill mandating ByteDance, TikTok’s Chinese parent company, to divest ownership of the app within the next nine to twelve months, or face a ban.

ByteDance has stated that it is not contemplating selling the app, with TikTok CEO Shou Zi Chew asserting that the company’s position aligns with the facts and the US Constitution.

TikTok’s official account on the microblogging platform X (formerly Twitter) has been asserting that a potential ban on its app in the US would infringe upon the free speech rights of 170 million Americans.

Carr noted that the First Amendment argument might not be sufficient to support ByteDance if the issue reaches American courts. He suggested that India’s actions against TikTok could be relevant in the US litigation process.

“Imagine that TikTok is going to argue that this is some sort of unique American obsession with China to foresee threats that don’t exist. The fact that India, a bordering neighbor to China, has seen a similar threat from TikTok and taken similar action, is going to be potentially relevant in some of the court filings to show that this is a broad deep concern about TikTok and not simply some unique feature of America’s viewpoint on China,” Carr stated.

The First Amendment of the US Constitution protects freedom of speech, the press, assembly, and the right to petition the government for a redress of grievances.

In a defiant message shared on TikTok, CEO Shou Zi Chew emphasized, “Make no mistake, this is a ban on TikTok and a ban on you and your voice.” He further suggested that the US government may have overlooked the irony, as the freedom of expression on the app reflects the same American values that make the United States a symbol of freedom.