TikTok's defenders claimed that the move to suspend it violates the right to free speech. (Photo File by Brendan Smialowski _ AFP)
TikTok's defenders claimed that the move to suspend it violates the right to free speech.

The Global Social Media War: What’s the Next Battle?

TikTok could face permanent shutdown this Sunday, while X is under scrutiny by European authorities. What’s happening?

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A spectre is haunting the world: the struggle for power over social media. Several recent episodes illustrate this new state of affairs.

First, TikTok, the popular short-video platform with more than 170 million users in the United States, is facing its definitive closure in the country. A law passed by Congress and upheld by the Supreme Court requires ByteDance. This Chinese company owns the app, to sell its U.S. subsidiary or cease operations by January 19, one day before Donald Trump’s presidential inauguration.

The U.S. Supreme Court on Friday upheld the ban, citing legitimate national security concerns. According to the ruling, TikTok’s data collection practices and its connection to an adversarial country, China, represent a risk to U.S. interests.

This decision follows a series of debates over whether the measure violates the Constitution's First Amendment, which protects freedom of speech. ByteDance argued that TikTok is a platform for expression and community for millions of users. However, the court concluded that the potential security threat justified the legislative action.

Starting Sunday, current TikTok users in the United States will no longer be able to access the platform. Reports indicate that those attempting to open the app will be redirected to a message explaining the legislation, along with instructions for downloading their content before the shutdown.

The impact is significant, especially for content creators and influencers who have built massive audiences on the platform. In an attempt to mitigate the damage, the Senate proposed delaying the implementation of the law to allow ByteDance to negotiate a sale to a U.S. entity. However, so far, the company has refused to give up TikTok.

This issue has become one of the most critical debates for humanity as it confronts a new reality shaped by digital disruption, raising profound questions about the impact of social media and how freedom of expression should be defined in this new context. It’s far from a minor issue.

The U.S. Congress and other authorities have pointed out that the data collected by TikTok could potentially be used by the Chinese government for espionage or political manipulation. Although ByteDance has denied sharing information with the Chinese government and insists it has never received such requests, these statements have not been sufficient to ease concerns in Washington.

Responses from ByteDance and TikTok

The company sought to stop the implementation of the law by filing an appeal with the Supreme Court. It also proposed several measures to protect U.S. user data, including creating local servers managed by American companies.

These proposals were rejected by lawmakers, who believe the only viable solution is the sale of the platform to a U.S. company or its complete shutdown. Frank McCourt, a businessman and former owner of the Los Angeles Dodgers, offered $20 billion for TikTok’s U.S. subsidiary, but ByteDance declined the offer.

The closure of TikTok comes at a moment of presidential transition. The outgoing Biden administration left the law’s implementation to Donald Trump, who returns to power on Monday. Trump, for his part, has used TikTok as a key communication tool during his campaigns and has expressed interest in keeping the platform operational under certain conditions.

Meanwhile, political leaders from both parties have taken divergent positions. Some Democratic senators, such as Chuck Schumer, have called for more time to negotiate a solution that allows TikTok to remain in the U.S. without compromising national security. On the other hand, Republican lawmakers have supported the ban as a necessary step to protect citizens from potential espionage risks.

Global Context and Similar Cases

But if it rains in the United States, it pours in Europe. Across the Atlantic, platforms like X (formerly Twitter) face increasing regulatory pressures under the Digital Services Act (DSA).

On Friday, the European Commission announced an expansion of its investigation into the social network X, amid allegations of algorithmic manipulation to support far-right parties.

The issue has sparked debate. Former EU Commissioner for Internal Market Thierry Breton argued on the French channel LCI last week that there are "two laws (...) that could eventually allow a judge to impose" a suspension on X: the Digital Services Act (DSA) and the Digital Markets Act (DMA), both of which came into force in 2024. Musk, the owner of X, and Breton have been embroiled in a personal feud.

The owner of X has labeled the former French commissioner a “tyrant of Europe,” while Breton accused the billionaire of “foreign interference” after Musk expressed support for Germany’s far-right AfD party.

Musk is a close ally of Donald Trump, who will resume the presidency of the United States on Monday. His primary task as minister will be to reform and cut federal bureaucracy.

Latin America Joins the Fray

In Latin America, tensions are also brewing. Last August, Brazil’s Supreme Court suspended X nationwide due to the company’s refusal to block accounts spreading misinformation and hate speech, particularly related to the Bolsonaro-led assault in January 2023. Justice Alexandre de Moraes ordered this measure after Musk failed to comply with court orders and removed the company’s legal representative in Brazil, violating local laws requiring such representation.

After 39 days of suspension, X complied with the Supreme Court’s demands: appointing a new legal representative in Brazil, blocking the accounts flagged for spreading disinformation, and paying fines totaling approximately €4.5 million. This compliance allowed the platform to resume operations in the country. The episode highlights the ability of democratic institutions in Brazil to enforce regulations on major tech platforms, ensuring they operate within the legal framework and respect national judicial decisions.

The imminent shutdown of TikTok in the United States highlights challenges that are symptomatic of a new status quo in communication, power, democracy, and market dominance. This is perhaps one of the most critical issues in the debate over the future of humanity: the tension between freedom of expression and the business of algorithms.

 

With information from AFP

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