Starving Artists Newsletter, Vol. 21 - Will TikTok be Banned?
In just two weeks, the law banning #TikTok is set to go into effect. The D.C. Circuit court determined on December 6, 2024 that the bill banning TikTok was constitutional and would go into effect on January 19, 2025, if ByteDance (it's parent company) had not yet sold to a non-Chinese company.
The potential ban is detrimental to content creators who have built their platform on TikTok, and would force thousands of companies to shift their marketing and sales strategies.?
Is ByteDance going to sell TikTok??
ByteDance adamantly refuses to sell, and the company has stated that it would rather shut down the app than sell to an American company. Without the sale, the only option to block the ban is through the court system.?
What is the incoming Administration’s stance on the ban??
The President-elect has now offered opposition to the ban, despite trying to ban the platform through an executive order during his first presidential term. The issue is going up to the Supreme Court, which will ultimately decide whether or not the ban goes into effect on January 19, 2025.?
The President-elect has a large following on TikTok and used it as a platform for his 2024 election campaign, going as far as to promise voters that he would save TikTok if elected. His second term begins on January 20th, 2025, so he has asked that the Court stay the effective date of the ban to allow him time to negotiate a solution upon taking office.?
In his amicus brief, the President-elect argued that there was significant reason to stay the judgment due to unprecedented constitutional questions. Second, he argues that there were features of the act that grant the President-elect a greater degree of discretion over the decision, and that the court’s holding limited the executive’s powers. The brief additionally expresses concerns that the Act could set a precedent of blocking free speech on social media.?
Will the President-Elect be able to stop the ban??
Even if the court stays the ban, there is no guarantee that the incoming administration will be able to halt the ban. It can pause the ban for 90 days upon taking office or declare TikTok in compliance with the law, but both of these can be overturned or rejected.?
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How will this Impact the Creator Economy??
The creator economy is currently valued at over $250 billion globally and is constantly growing. However, the ban could potentially have a $1.3 billion impact on small businesses and creators in its first month.?
Creators are voicing their concerns regarding the ban, and are looking to new platforms. However, the ban will still be detrimental to creators with a community on TikTok and companies reliant on the platform for their sales and marketing.?
prepared by Caroline Oyler
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