TikTok Sues Ban In Montana, Claims Violation Of Freedom Of Expression

TikTok Inc filed a lawsuit against the new Montana state ban (photo: dock. pexels)

JAKARTA - TikTok Inc filed a lawsuit on Monday, May 22, against the new Montana state ban on the use of the app owned by China. The decision made it the first state to ban the use of the popular short video sharing service.

TikTok argues that the ban that will take effect from January 1 will violate the rights of the company's First Amendment and its users. The lawsuit, which was filed in the United States District Court in Montana, also argued that this ban was exempted by federal law for interfering in federal exclusive jurisdictions and violating the United States Constitutional Trade Article, restricting state-state authorities from passing legislation that incriminate trade between states and foreign trade.

TikTok, which is owned by China's ByteDance and used by more than 150 million people in America, has faced growing calls from US lawmakers and state officials to ban the app across the country for fear of a potential Chinese government influence on the platform.

Montana can impose a fine of 10,000 US dollars (Rp148 million) for any violation by TikTok and an additional fine of 10,000 US dollars per day if it violates the ban. The law does not impose penalties on individual TikTok users. It's not clear how Montana will enforce a ban on TikTok.

Former US President Donald Trump in 2020 sought to ban new downloads of TikTok and WeChat owned by China, units from Tencent, and related transactions, which at the time could effectively ban the use of these applications in the US. However, a series of court decisions hinder the implementation of the ban.

Senate Intelligence Committee chairman Mark Warner said the federal court's possibility of overthrowing the Montana ban was increasingly urging Congress to certify the legislation it put forward to granting the president new powers to ban or impose restrictions on TikTok and other foreign apps.

TikTok estimates it has hundreds of thousands of active users in the state, which has a total of about 1.1 million people.

The company stated in its lawsuit that "they have not shared, and will not share, US user data with the Chinese government, and have taken substantial steps to protect the privacy and security of TikTok users."

Last week, five TikTok users in Montana also filed a lawsuit in federal courts to hinder the state's ban.

TikTok's lawsuit lists Montana's Attorney General Austin Knudsen, who is responsible for enforcing the law. Knudsen's office did not immediately respond to a request for comment from Reuters on Monday.

Emily Flower, a spokesman for Knudsen, said the country was ready to face lawsuits. "We already expect legal challenges and are fully prepared to defend the law that help protect the privacy and security of the Montana population," he said.

The ban on TikTok in Montana has created a conflict between the company and the state government. TikTok argues that the ban violates its constitutional rights, while the Montana government argues that the ban is important to protect the privacy and security of its citizens.

Security and privacy issues surrounding TikTok have come to the attention of many countries, including the United States. Several US officials and lawmakers have alarmed the Chinese government's influence on TikTok user data and potential security threats that the app may pose.

Meanwhile, the feud between TikTok and the US government is still ongoing. The lawsuit filed by TikTok in Montana is one of the company's efforts to counter the ban. Over time, legal developments and court decisions will determine the final outcome of this conflict.