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TikTok and the US Supreme Court

Writer: Kirra Pendergast Kirra Pendergast


As the U.S. Supreme Court deliberates TikTok’s future in the U.S, the stakes go far beyond the platform’s 170 million American users. This isn’t just about viral dances or creative expression; it’s a flashpoint in the global struggle to balance digital sovereignty with the preservation of online freedoms.


Advocates for restricting TikTok argue that its ties to Chinese parent company ByteDance present serious risks. They cite concerns over data misuse, surveillance, and the potential spread of propaganda, insisting that national security requires firm action. These arguments gain traction amid escalating geopolitical tensions and the growing weaponisation of social media platforms.


Critics warn of a slippery slope into censorship and regulatory overreach. Civil liberties groups caution that actions based on speculative threats could stifle free speech, establish dangerous precedents, and undermine the principles of an open internet. This clash of priorities reveals the deeper dilemma of how democracies can address online security without adopting tactics that resemble the authoritarian measures they seek to counter.


The U.S. is not alone in grappling with this challenge. Australia’s encryption laws, aimed at curbing foreign influence, were criticised for eroding privacy rights. The European Union’s GDPR, while setting a high bar for data protection, navigates the delicate balance between security and innovation. Now, all eyes turn to the United States, whose decisions will have far-reaching implications.


The irony is the nation that championed internet openness through frameworks like Section 230, shielding platforms from liability for user content, is now contemplating restricting a platform’s reach based on its ownership. This shift exposes the harsh reality that tech platforms are no longer neutral tools. They’ve become geopolitical players, forcing democracies to recalibrate their approach to an online world where security, privacy, and free speech often collide.


If TikTok is banned or heavily restricted in the U.S, users may circumvent these measures with VPNs, illustrating the platform’s resilience and highlighting unintended consequences. Regulatory decisions that fail to anticipate user adaptations risk undermining their own objectives, potentially creating new vulnerabilities instead of mitigating existing threats.


The world is watching. This decision will shape the future of the internet, the integrity of democratic values, and the balance of power in a digital-first world. The stakes couldn’t be higher. What happens next will ripple far beyond U.S. borders.



 
 

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