ByteDance’s appeal against a US TikTok ban is underway, and the company has accused the Department of Justice of factual errors in presenting its case – intended to force the sale of the app to an American company.

The DOJ says the app’s feed can be manipulated by the Chinese government for propaganda purposes, but Bytedance said that recommendations are actually generated in the US …

The DOJ accusations

Earlier this year, the House voted overwhelmingly to either ban TikTok from the US, or to force the sale of the app to an American-owned company. TikTok took the US government to court, arguing that the threatened ban would be unconstitutional, interfering with a first amendment right to free speech. That case was fast-tracked, and is now being heard.

The DOJ made two main accusations against Chinese developer ByteDance.

First, it says that the algorithm driving user feeds in the short video app could be controlled by the Chinese government for political purposes, to present China in a good light, or the US in a bad light.

Second, it says the personal data of American users could be passed to the Chinese government, including user views on sensitive issues like abortion and gun control.

TikTok’s denials

ByteDance has so far mostly relied on a First Amendment defence, stating that the American government is interfering with the right to free speech.

But in its appeal it is also arguing disputing the two claims made by the DOJ, as Reuters reports.

TikTok said on Thursday it is undisputed that the app’s content recommendation engine and user data are stored in the U.S. on cloud servers operated by Oracle and that content moderation decisions that affect U.S. users are made in the U.S.

Arguments are being heard in court today.

Both presidential candidates are using TikTok

It would be hard for either of the two presidential candidates to argue support for a TikTok ban, as both use it themselves.

Republican presidential candidate Donald Trump has joined TikTok and said in June he would never support a TikTok ban. Vice President Kamala Harris, the Democratic presidential candidate, joined TikTok in July and leaned in to social media as part of her campaign strategy.

Photo by Solen Feyissa on Unsplash