TikTok has taken legal action by filing a lawsuit in US federal court to halt Montana's plans to implement a complete ban on the popular video-sharing app, according to a report by AFP.

The ban, scheduled to commence in 2024, has been contested by TikTok on the grounds that it violates the constitutionally protected right to free speech.

In a statement, a TikTok spokesperson expressed confidence in their legal challenge, citing strong precedents and facts.

The ban was signed into law by Montana Governor Greg Gianforte on May 17, with his intent being to safeguard Montanans' personal and private data from the Chinese Communist Party.

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(Photo : OLIVIER DOULIERY/AFP via Getty Images)
In this photo illustration the social media application logo for TikTok is displayed on the screen of an iPhone in front of a US flag and Chinese flag background in Washington, DC, on March 16, 2023.

TikTok Claims Baseless Speculation

TikTok's lawsuit argues that the state has enacted these measures on baseless speculation. In a separate lawsuit, five TikTok users called upon a federal court to overturn Montana's ban, claiming that it infringes upon their free speech rights and that the state is attempting to exercise national security powers that are reserved for the federal government.

TikTok's lawsuit seeks a declaration from the federal court that the Montana ban on the app is unconstitutional and requests an injunction to prevent its implementation.

Drawing an analogy, the lawsuit filed by TikTok users argues that Montana cannot ban its residents from using TikTok any more than it could ban a newspaper like the Wall Street Journal based on ownership or the content it publishes.

The United States has expressed mistrust towards TikTok due to concerns regarding the app's ownership by Chinese company ByteDance.

Many US politicians believe that TikTok may be under the influence of the Chinese government and could potentially be used as a tool for espionage by Beijing.

These concerns have led to suspicions about the security and protection of user data on the platform. Despite TikTok's denial of such allegations, the US government has taken measures such as banning the app on government devices and calling for further investigations into its potential risks.

Read Also: EU's Digital Services Act Names Tech Companies That Must Follow its Latest Rules; Violators To Be Fined

First State to Ban TikTok

Montana's ban on TikTok marks it as the first US state to take such action, prompting a debate on the app's security. The legality of the ban will serve as a test case for a potential nationwide prohibition, an issue that lawmakers are advocating for. 

Violating the Montana ban on TikTok entails a $10,000 daily fine for each occasion a user accesses, is offered access to, or attempts to download the app. Furthermore, the law mandates Apple and Google to remove TikTok from their app stores, with potential daily fines imposed on companies failing to comply. 

The implementation of the ban is slated for 2024, but it holds the possibility of being invalidated if TikTok is acquired by a company incorporated in a nation not considered a foreign adversary by the United States. 

Related Article: TikTok Ban Consequences: Banning the App Could Lead to Cybersecurity Issues-Here's Why

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