US state outright forbids TikTok

The action, according to Montana Governor Greg Gianforte, would shield Americans’ personal information from China.

The strongest action against the TikTok video-sharing app by any US state has been implemented: a complete ban in Montana. The social media platform, which is owned by a Chinese tech company, has denounced the law and said that it violates the constitutional rights of US individuals.

Wednesday saw the bill’s signing into law by Governor Greg Gianforte, who afterwards tweeted that it will “protect Montanans’ personal and private data from the Chinese Communist Party.” The broad prohibition is scheduled to go into force on January 1, 2024, but civil liberties and TikTok groups may file legal challenges.

The legislation, known as SB419, was enacted by the Montana state senate last month with strong backing from Republicans who maintain that TikTok poses a threat to American privacy and security because it is owned by the Beijing-based ByteDance firm. Under the threat of fines of up to $10,000 each day of infringement, the measure forbids TikTok from operating within the state and forbids mobile app shops from hosting it.

On Wednesday, TikTok released a statement in which it vowed to challenge the new law and “continue working to defend the rights of our users inside and outside of Montana.”

Infringing on the First Amendment rights of Montanans by forcibly outlawing TikTok, a platform that gives hundreds of thousands of people power across the state, Governor Gianforte signed the bill, according to company spokeswoman Brooke Oberwetter. “We want to reassure Montanans that they can keep using TikTok to express themselves, make money, and connect with others,” the statement reads.

The platform has frequently denied giving the Chinese government access to the data of Americans, claiming that its operations are now entirely headquartered in the US. Beijing has similarly disregarded the accusations as unfounded.

The prohibition was criticized by both industry groups and rights organizations. According to the ACLU, it was passed “in the name of anti-Chinese sentiment.” The law, according to NetChoice, a trade association made up of many tech companies, including TikTok, “ignores the US Constitution, due process, and free speech.”

TikTok has faced limitations in at least 25 other US states and inside the federal government, which have prohibited the app on official devices. However, Montana is the first to completely ban the service.