donald trumpin one of his first acts after assuming the presidency this Monday, January 20, signed a executive order that postpones for 75 days the application of a federal law that prohibits the use of TikTok in the United States. This decision comes just one day after the regulations came into force in the country, generating uncertainty about whether the presidential measure has the legal capacity to annul the law.
As reported The New York Timesthe executive order instructs the attorney general not to take action to enforce the ban, arguing that the administration needs time to evaluate the most appropriate course of action. trump stated that its intention is to seek a solution that protects national security while preserving a platform used by 170 million Americans.
The law that prohibits TikToksigned by the former president Joe Biden in April of last year, demands that the application, owned by the Chinese company ByteDanceis sold to an owner not Chinese to be able to operate in USA. The regulations were passed by Congress with broad bipartisan support, in response to national security concerns. Lawmakers and experts fear that the Chinese government could use TikTok to collect data from US users or spread propaganda.
The legislation also establishes financial penalties for app stores and cloud service providers that continue to work with TikTok. Although the law allows for a 90-day extension if significant progress is demonstrated in the sale of the app, it is unclear if this option is still available, given that the regulations are already in effect.
On the weekend, TikTok It is no longer available to users in USAdisappearing from the app stores Apple and Google on Saturday night. Although service was restored on Sunday following the announcement of trump on his social network Truth Social about his intention to issue a executive orderthe application is still not available for new users on download platforms.
The uncertainty generated by the ban and its subsequent temporary suspension has significant implications for the millions of content creatorssmall businesses and influencers that depend on TikTok as a source of income. Furthermore, the situation puts the role of large technology companies, such as Apple and Googlein the implementation of government policies that affect their platforms.
In statements made while signing the executive order, trump expressed that USA should receive “half of TikTok” if a deal is reached for the sale of the app, suggesting the platform could be worth $1 trillion. This comment reflects a notable change in the president’s stance towards TikTok, since during his first term, in 2020, he tried to ban it and pushed for it to be acquired by an American company.
In recent months, Trump has adopted a more favorable attitude toward the platform, even joining it in June. In a television interview in March 2024, he stated that young people “would go crazy” without the app, acknowledging its impact on popular culture and the daily lives of millions of users.
The executive order of trump could face a number of legal challenges, as some experts question whether a president has the authority to stop the application of a federal law. According to The New York Timescompanies affected by the regulations may consider that the order does not protect them from potential legal liabilities. Furthermore, Trump’s decision to intervene in the implementation of the law has reignited the debate about the balance between executive and legislative power in the United States.
TikTokfor its part, has argued that the law violates the free speech rights of its users and the company’s own rights under the First Amendment. Although the D.C. Circuit Court of Appeals ruled against the platform in December, the company appealed to the Supreme Court, which also upheld the validity of the law.
