Montana has become the first US state to pass legislation banning TikTok on personal devices on its territory. TikTok, which is owned by Chinese company ByteDance, has been accused of posing a national security threat by collecting data from millions of American users and potentially sharing it with the Chinese government.
The bill, SB 419, was passed by the state House in a 54–43 vote on Friday and now heads to Gov. Greg Gianforte's desk for approval. The bill prohibits TikTok from operating “within the territorial jurisdiction of Montana,” and prevents app stores from offering it for download. If TikTok or app stores violate the law, Montana’s Department of Justice could slap them with penalties of up to $10,000 per day for the length of the violation.
misinformation and propaganda
The bill's sponsor, Sen. Steve Daines, said he introduced the legislation to protect Montanans' privacy and security from foreign adversaries. He cited reports that TikTok censors content that is critical of the Chinese Communist Party, and that the app has been used to spread misinformation and propaganda.
Trojan horse for the Chinese regime
"TikTok is a Trojan horse for the Chinese regime that has no place in Montana," Daines said in a statement. "This bill will safeguard our citizens from this dangerous app that steals their personal data and threatens our national security."
TikTok has denied any wrongdoing and said it does not share user data with China or any other foreign government. The company has also said it operates independently from ByteDance and has taken steps to enhance its transparency and accountability.
A TikTok spokesperson, Brooke Oberwetter, said in a statement: “We will continue to fight for TikTok users and creators in Montana whose voices could be silenced by this misguided bill. We have repeatedly proven that we are committed to protecting our community's privacy and safety, and we have implemented industry-leading practices to do so. We hope Governor Gianforte will recognize that this bill is unconstitutional and veto it.”
The Montana bill comes amid a broader crackdown on TikTok by the US government, which has been trying to force ByteDance to sell its US operations to an American company. Former President Donald Trump issued an executive order last year banning TikTok from operating in the US unless it divested its assets, but the order was blocked by several federal courts. President Joe Biden has put the order on hold while his administration reviews the situation.
Some legal experts have questioned the constitutionality of Montana's bill, arguing that it violates the First Amendment rights of TikTok users and creators, as well as the Commerce Clause that gives Congress the power to regulate interstate commerce. They also point out that Montana already bans the app on state-owned devices, which is a more reasonable measure to protect its interests.
"It's hard to see how this bill serves any legitimate state interest other than pandering to anti-China sentiment," said Jennifer Granick, a surveillance and cybersecurity lawyer at the American Civil Liberties Union. "It's a blatant violation of free speech and free trade, and it will likely be challenged in court if it becomes law."
TikTok is one of the most popular social media apps in the world, with more than 2 billion downloads globally and over 100 million users in the US. The app allows users to create and share short videos with music, filters and effects. It has also become a platform for entertainment, education, activism and social justice.
Many TikTok users and creators in Montana have expressed their disappointment and frustration with the bill, saying it will deprive them of a creative outlet and a source of income. Some have also started a petition to urge Governor Gianforte to veto the bill.
"I love TikTok because it gives me a chance to express myself and connect with people who share my interests," said Ashley Smith, a 19-year-old college student from Bozeman who has over 50,000 followers on the app. "It's also helped me pay for my tuition and bills by doing sponsored posts and live streams. This bill is unfair and unjust, and I hope Governor Gianforte will listen to us and stop it."
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