The TikTok prohibition that went into effect on Sunday has been paused for a period of 75 days following an executive order issued by President Trump on his inauguration day. He has also indicated that US companies offering services to TikTok during this timeframe will not face prosecution.
Nonetheless, legal experts assert that Trump’s order seems to conflict with legal standards, suggesting that companies making TikTok accessible may still be expose to potentially colossal fines, making it improbable for Apple to reinstate the app on the App Store.
A turbulent four-day period
On Friday, the US Supreme Court upheld a law that imposes a ban on TikTok in the United States, meaning the prohibition was set to take effect on January 19.
The Biden administration stated it wouldn’t attempt to enforce the law during its final 24 hours in office, leaving the decision to Trump. Initially, Trump mentioned needing time to evaluate the situation, resulting in TikTok going offline in the US on Sunday.
Apple responded by stating it was bound by law to remove the app from the App Store.
However, Apple and other app store providers were hesitant to return the app to their platforms based solely on a social media announcement.
Suspension of the TikTok ban for 75 days
Trump has enacted an executive order suspending the ban for 75 days, indicating that US companies assisting TikTok’s reinstatement will be protected from liability.
According to NPR, the law permits a suspension of the TikTok ban for up to 90 days, provided there is evidence of a deal underway.
The law includes a provision: TikTok can continue its operations if Trump certifies to Congress that “significant progress” has been made toward TikTok severing ties with ByteDance’s ownership.
Furthermore, Trump must demonstrate to Congress that legally binding agreements regarding ownership changes at TikTok are in progress.
Potential invalidity of the executive order
Trump has not presented any proof demonstrating compliance with the law’s requirements, and attorneys continue to express skepticism regarding the claimed liability protection’s validity.
As a result, it appears unlikely that major companies like Apple, Google, Amazon, and Microsoft will risk reinstating TikTok in their app stores until legal standards are satisfied.
China’s slightly softened position
So far, the Chinese government has dismissed the notion of selling to a US company, but a senior official recently hinted that it may be reconsidering its stance.
Trump proposed the potential for a 50/50 joint venture between China and the US as a solution. In response to Reuters inquiry on this, officials provided a non-committal answer.
We hope the US will genuinely heed the call for reason and offer a transparent, fair, and non-discriminatory business environment for companies from all nations. When it comes to the operation and acquisition of businesses, we believe that decisions should be made independently by companies in line with market principles. If Chinese companies are involved, China’s laws and regulations must be adhered to.
While this response does not fully endorse the proposal, it reflects a shift from the previous outright rejection.
Photo by Tabrez Syed on Unsplash
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