In a recent legal battle, the US Justice Department (DOJ) has defended a new law that could either ban TikTok or force its Chinese parent company, ByteDance, to sell its US assets. The response comes after TikTok filed a lawsuit challenging the legislation, which demands compliance by January 19, 2025.

The DOJ argued that ByteDance might comply with orders from the Chinese government, potentially giving it access to US user data and allowing it to manipulate TikTok's algorithm. This could, according to the DOJ, expand Beijing's "malign influence operations" and efforts to undermine trust in democracy and exacerbate social divisions.

"The serious national-security threat posed by TikTok is real," the DOJ stated in its filing. "The goal of this law is to ensure that young people, old people, and everyone in between can use the platform in a safe manner," a senior DOJ official told AFP.

TikTok has repeatedly denied sharing US user data with China and criticized the government's lack of evidence. "The government has never put forth proof of its claims, including when Congress passed this unconstitutional law. Today, once again, the government is taking this unprecedented step while hiding behind secret information," TikTok posted on social media platform X.

TikTok's lawsuit claims the law violates the right to free speech under the First Amendment. "For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than one billion people worldwide," the lawsuit states.

However, the DOJ contends that the law's focus on the foreign ownership of TikTok removes it from First Amendment considerations.

TikTok has argued that the demanded divestment by next January is "simply not possible," setting the stage for a continued legal struggle over the popular social media platform's future in the US.