CHARLESTON COUNTY , S.C. (WCIV) — Many local tourism influencers and small business owners are wondering if TikTok is going to go away this month due to a U.S. ban set to take place on Jan. 19. The ban hinges on whether the government can require TikTok to cut ties with Bytedance, the app’s China based parent company.
According to the law, if the app is not diverted or sold by January 19th it will effectively be banned in the U.S.
TikTok, Bytedance, and many creators are challenging that the requirement infringes on their first amendment rights to freedom of speech. On Friday, the Supreme Court heard oral arguments that explained that TikTok and U.S. based creators have this right but the China-based company Bytedance does not. Government officials say the same content can be shared on the platform, as long as user data is not in the hands of a foreign entity, namely the Chinese government.
READ MORE | “South Carolina AG joins 21-state coalition backing TikTok ban”
Local tourism creators, small business owners, and entrepreneurs who use the platform say a ban will greatly impact their livelihood and businesses.
“I absolutely believe that the TikTok ban impedes our first amendment rights,” Erin Bailey, creator and owner of Erin Bailey Law said. “As citizens, we have the right not just to speak on our chosen platform to engage with our chosen algorithm, but also to receive information from all over the world” Bailey explained.
In April 2024, the tourism influencer known as “The Charleston Diaries” Nicole Farina and other creators traveled to Washington D.C. to lobby against the proposed ban. They said the ban would impact their personal brands and businesses as well as the Charleston economy.
“TikTok is this space where you can speak openly and it’s amazing and I think people learn so much on it too,” Fariana said.
Brown Dog Deli Owner Wes Denny was among those in Washington.
“I fight for it, but I fight for it on the side of, I do positive, clean, fun TikTok’s that involves staff, that helps build up relationships, that builds business, makes profitable business,” said Denny.
In Friday’s oral arguments, TikTok suggested adding a warning label on the app for users and prohibiting the app from sharing user data with Bytedance, but government officials say both options would be ineffective.
The Supreme Court has yet to issue a decision but it seems likely the high court will uphold the law and ban the app.
Creators claim this does not mean that the app will disappear from users phones, rather users will no longer be able to be download or update the app.
In the meantime, it’s expected that the incoming Trump administration will be looking for solutions.
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