TikTok: Montana becomes first US state to ban app

Measure makes it unlawful for Google and Apple’s app stores to offer TikTok within state

Montana governor Greg Gianforte has signed a measure that bans the TikTok app in the state. Photograph: EPA
Montana governor Greg Gianforte has signed a measure that bans the TikTok app in the state. Photograph: EPA

Montana has become the first state in the United States to completely ban TikTok.

On Wednesday Republican governor Greg Gianforte signed legislation to prevent the Chinese-owned video-sharing app from operating in the state to protect residents from alleged intelligence gathering by China.

Montana will make it unlawful for Google and Apple’s app stores to offer TikTok within the state but will not impose any penalties on individuals using the app. The ban is to take effect from January 1st, 2024, and is almost certain to face legal challenges.

Earlier, TikTok, owned by Chinese tech company ByteDance, issued a statement saying that the new law “infringes on the First Amendment rights of the people of Montana by unlawfully banning TikTok,” and said it will “continue working to defend the rights of our users inside and outside of Montana”.

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TikTok, which has over 150 million American users, has faced growing calls from US legislators and state officials to ban the app nationwide over concerns about potential Chinese government influence over the platform.

The app has become popular with teens. According to the Pew Research Center, 67 per cent of US teens ages 13 to 17 use TikTok, and 16 per cent of all teens say they use the app almost constantly. TikTok has said that the “vast majority” of its users are over the age of 18.

In March, a congressional committee grilled TikTok CEO Shou Zi Chew about whether the Chinese government could access user data or influence what Americans see on the app.

But calls to ban TikTok nationwide or give the Biden administration new powers to crack down or ban TikTok have not advanced in Congress.

Mr Gianforte, a Republican, said the Bill will further “our shared priority to protect Montanans from Chinese Communist Party surveillance.”

TikTok has repeatedly denied that it has ever shared data with the Chinese government and has said the company would not do so if asked.

Montana, which has a population of just over one million people, said TikTok could face fines for each violation and additional fines of $10,000 (€9,200) per day if it violates the ban.

The short video app can be downloaded in app stores on Apple and Google devices. Apple and Google, a unit of Alphabet, could also face fines of $10,000 per violation, per day if they violate the ban.

The American Civil Liberties Union condemned the law as “unconstitutional” and noted that it will go into effect on January 1st if the courts do not act.

An attempt by former president Donald Trump to ban new downloads of TikTok and WeChat through a Commerce Department order in 2020 was blocked by multiple courts and never took effect.

TikTok’s free speech allies include several Democratic members of Congress, including Representative Alexandria Ocasio-Cortez, and First Amendment groups such as the American Civil Liberties Union. – Reuters