Accueil / The ban on TikTok will take effect on Sunday after the Supreme Court has upheld the law.

The ban on TikTok will take effect on Sunday after the Supreme Court has upheld the law.

17/01/2025 23:32:35
Le US Supreme Court a approuvé une loi qui force ByteDance à vendre TikTok ou à être interdite aux États-Unis. La loi rend illégal la fourniture de services pour distribuer, maintenir ou mettre à jour TikTok en Amérique, sauf si l'opérations des plateformes sont séparées du contrôle chinois. La décision prendra effet le 19 janvier 2025. Le changement d'administration entre Biden et Trump peut affecter la mise en œuvre de la loi. Apple et Google seront les seuls à appliquer la banque le 19 janvier.
The ban on TikTok will take effect on Sunday after the Supreme Court has upheld the law.

TikTok's last-ditch effort to avoid a US ban has failed. The US Supreme Court approved the law on Friday that requires ByteDance to sell TikTok or be banned from the US.

The biggest unknown for now is how the transition of power from Biden to Trump will affect the ban.

Updated on January 17, 2025 at 10:51 UTC with a new statement from the Biden and Trump administrations below.

The US Supreme Court rendered its decision on Friday:

As of January 19, the American Defense Against Foreign-Controlled Applications Act makes it illegal for US businesses to provide services to distribute, maintain or update the TikTok social media platform unless the operation of the platforms by the US is separated from Chinese control. The plaintiffs are two operational entities of TikTok and a group of American TikTok users. We examine whether the law, applied to the plaintiffs, constitutes a violation of the First Amendment.

The law in question did not explicitly ban TikTok but granted the parent company linked to China, ByteDance, nine months to sell TikTok. This deadline expires at least technically by Sunday.

There are other factors at play here beyond just the law. In a statement on Thursday, the Biden administration significantly postponed the implementation of the ban until the Trump administration, which takes over Tuesday, January 20th.

Our position on this matter is clear: TikTok should continue to operate under American ownership," said a White House official to ABC News. "Given when it will take effect, just before the holidays and the day before inauguration, it is up to the next administration to implement it.

Meanwhile, Trump had called for the Supreme Court to retire the law until it came into force on January 19th. Last week, the Trump team declared that the elected president "has perfect expertise in negotiating deals, electoral mandates, and political will to find a solution to save the platform while addressing national security concerns expressed by the government.

The Supreme Court's judgment today shows that judges did not consider Trump's request.

Another uncertainty is how Google and Apple will react to the January 19th ban. Even though the Biden administration has transferred responsibility for implementing the ban to the Trump administration, it is only Apple and Google who will enforce the ban starting on January 19th.

Assuming the law is implemented as planned, Apple and Google will be banned from hosting TikTok in their respective app stores, App Store and Play Store. It remains to be seen if both companies are ready to take the risk that the law may not actually be applied.

Biden's Response

Soon after the Supreme Court rendered its decision, White House Press Secretary Karine Jean-Pierre made the following statement:

The Administration, like the rest of the country, awaits the recent decision by the US Supreme Court concerning the TikTok matter. The President Biden's position on TikTok has been clear for several months, including since Congress sent a bipartisan law to the White House: TikTok should remain available to Americans, but simply under American ownership or other owners who meet the national security concerns identified by Congress in implementing this law.

Due simply to timing, this Administration recognizes that actions to implement the law must fall to the next administration, which takes office on Monday.

Trump's Response

At the same time, Trump issued his own statement to CNN host Pamela Brown:

It ultimately depends on me, so you'll see what I do. Congress gave me the decision, so I'll make the decision.

Passing over Trump's specific lack of involvement, nothing in the law suggests that Congress has given Trump the final say on implementing the TikTok ban.

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