TikTok was restored on Sunday following assurances from President-elect Donald Trump that he would work with the Chinese-owned platform to prevent a permanent ban in the U.S., giving its 170 million American users a lifeline hours after it went dark.
Trump said in a Truth Social post on Sunday that he would issue an executive order following his inauguration to extend the period of time before the law would take effect, “so that we can make a deal to protect our national security.”
How did we get here?
In April, President Joe Biden signed a law requiring TikTok — owned by the Chinese company ByteDance — to sell the popular social media platform to a U.S. company or face a shutdown amid fears that China’s involvement posed a national security threat.
TikTok said in a statement Friday it “will be forced to go dark” on Jan. 19 unless the Biden administration gives more definitive assurances ahead of the scheduled ban.
Noel Francisco, an attorney for TikTok, told the Supreme Court on Friday that, to his understanding, the app would essentially shut down if it went dark.
A person with knowledge of the company’s planning told NBC News this week that the app going dark was a last resort. The Information reported on Tuesday, before the Supreme Court’s decision, that the app could go dark rather than allow people already on it to continue using it.
In Friday’s statement, TikTok attempted to pressure the Biden administration into providing more detail on the outgoing president’s plans for the scheduled ban.
But the White House said in a statement Friday that the Biden administration believes “that actions to implement the law” should be left up to President-elect Donald Trump, who takes office on Monday. The White House, however, made it clear that Biden believes the platform should operate under American ownership.
The Department of Justice also released a statement Friday saying it welcomed the Supreme Court’s decision to uphold the law.
TikTok, which launched in the U.S. in 2018, said both statements “failed to provide the necessary clarity and assurance to the service providers that are integral to maintaining TikTok’s availability to over 170 million Americans.”
It said it would go dark “unless the Biden Administration immediately provides a definitive statement to satisfy the most critical service providers assuring non-enforcement.”
In an updated statement Saturday, the White House dismissed TikTok’s threat as a “stunt.”
“We see no reason for TikTok or other companies to take actions in the next few days before the Trump Administration takes office on Monday,” the White House said. “We have laid out our position clearly and straightforwardly: actions to implement this law will fall to the next administration. So TikTok and other companies should take up any concerns with them.”
Why is TikTok being banned?
There are concerns that the video-sharing platform poses a potential national security risk because of China’s involvement with the app.
The Supreme Court on Friday upheld the law and rejected TikTok’s argument that a ban would violate the Constitution’s free speech protections in the First Amendment. In its ruling, the court said the reasons for enacting the law are “decidedly content agnostic,” meaning they have nothing to do with restricting certain speech.
Attorney General Merrick Garland said the court’s decision allows “the Justice Department to prevent the Chinese government from weaponizing TikTok to undermine America’s national security.”
“Authoritarian regimes should not have unfettered access to millions of Americans’ sensitive data,” Garland said in a statement.
Deputy Attorney General Lisa Monaco said the court’s decision “is focused on protecting Americans, not restricting free speech.”
What are TikTok users and creators doing?
Many TikTok creators have been directing their followers to other platforms they’re already on including YouTube and Instagram.
Adam Mosseri, the head of Instagram, announced Saturday that users could upload Reels up to three minutes long. The app previously only allowed Reels up to 90 seconds but made the change after receiving feedback from creators who wanted to share longer videos.
Part of the appeal of TikTok is that it allows users the option to create shorter and longer videos.
“We’re hoping that upping that limit up to three minutes will help you to tell the stories that you really want to tell,” Mosseri said in a video message.
In October, YouTube announced that people could post YouTube Shorts up to three minutes long, saying it was a top “requested feature by creators.”
Other Chinese-owned apps have gained popularity. Singer-songwriter Jaylah Hickmon, known by the stage name Doechii, let her 2.5 million TikTok followers know that they could find her on the app RedNote, which allows users to post short-form videos and upload images.
The app, however, is owned by Shanghai-based Xingyin Information Technology, and government insiders and experts fear it poses a bigger national security and privacy threat than TikTok.
TikTok has also been pushing its sister app Lemon8, which allows users to upload photos and videos. The app, owned by ByteDance, instructs users to log in with their TikTok accounts and prompts them to follow the people they followed on TikTok who have accounts on Lemon8.
Users will then select their interests and what they would like to see before they are taken to the main feed, where they can scroll videos and photos.
Could Trump stop the ban?
The final decision on TikTok’s fate appears to be in the hands of the incoming president.
Although Trump tried unsuccessfully to get the platform banned during his first term, he has since changed his tune. During his 2024 campaign, Trump joined the app and said in a video posted in June, “I’m going to save TikTok.”
On Friday, he issued a vague statement on Truth Social that said “everyone must respect” the Supreme Court’s decision. But in a phone call Saturday with NBC News’ “Meet the Press,” Trump said he will “most likely” give TikTok a 90-day extension.
TikTok CEO Shou Chew is expected to attend Trump’s inauguration on Monday and will sit with other tech executives. In a video Friday, Chew thanked Trump “for his commitment to work with us to find a solution that keeps TikTok available in the United States.”
Trump said he “would like the United States to have a 50% ownership position in a joint venture” and confirmed that the move would “save TikTok.” NBC News has asked the Trump transition team for clarification on whether the president-elect meant that ownership should be held by a U.S.-based company or the U.S. government itself.
TikTok released a statement shortly after telling users it was in the process of restoring service.
“It’s a strong stand for the First Amendment and against arbitrary censorship,” the statement said. “We will work with President Trump on a long-term solution that keeps TikTok in the United States.”
It’s unclear how Trump’s plan would circumvent the law, as the bill’s text clearly states that a foreign adversary can have no more than 20% stake in the platform, either directly or indirectly.
House Speaker Mike Johnson told “Meet the Press” Sunday before Trump’s statement that he foresees the government enforcing the law. He said he interpreted Trump’s statements as the president will “to try to force along a true divestiture, changing of hands, the ownership.”
Could TikTok still be sold?
Yes, TikTok could still be sold, but ByteDance has repeatedly said it does not plan to sell.
According to its website, the Chinese government does have a 1% ownership stake of its subsidiary, Douyin Information Service Co., Ltd. It is an entirely separate app than TikTok that operates in a separate market, the company emphasizes.
“As is required under Chinese law, in order to operate certain news and information products that are made available in mainland China, media licenses are required for those services,” the website said.
ByteDance belongs to various stakeholders: global investors own 60% of the company, its founders own 20%, and the remaining 20% is comprised of ByteDance’s employees around the world.
Perplexity AI made a play for TikTok on Saturday, submitting a bid to its parent company, ByteDance, to create a new merged entity combining Perplexity, TikTok U.S. and new capital partners, CNBC reported.
There have been other serious offers to purchase it, including from billionaire businessman and real estate mogul Frank McCourt.
McCourt and his internet advocacy group, Project Liberty, announced on Jan. 9 that it submitted a proposal to buy the site. “Shark Tank” investor Kevin O’Leary also joined the effort.
Former Treasury Secretary Steve Mnuchin said last year that he was putting together an investor group to buy TikTok, CNBC reported.
Tesla and SpaceX CEO Elon Musk as well as businessman and YouTuber Jimmy Donaldson, known online as MrBeast, have also expressed interest in buying the app.
This article was originally published on NBCNews.com
