US courts may take note of India’s stance on TikTok: FCC chief Brendan Carr
India’s swift and preemptive action against TikTok could be a feature that plays out in American courts as the ByteDance-owned firm is likely to challenge the US move to ban its video-hosting service, Federal Communications Commission (FCC) commissioner Brendan Carr told ET in an exclusive interaction.
Carr’s comments come close on the heels of a stringent directive issued to the popular app by US President Joe Biden on Wednesday.
He signed a bill that requires TikTok’s Chinese parent ByteDance to divest ownership of the app or face the ban in the next nine to 12 months. ByteDance said it is not considering selling the app with TikTok CEO Shou Zi Chew asserting that the facts and the US Constitution were on the company’s side. TikTok’s official account on microblogging platform X has been stating that a potential ban on its app in the US would “trample the free speech” of 170 million Americans.
According to the US Constitution, the First Amendment protects freedom of speech, the press, assembly, and the right to petition the government for a redress of grievances. Carr is of the view this First Amendment argument will not save the day for ByteDance if the matter reaches American courts. “India’s action on TikTok could very well play a role in the litigation in the US,” Carr told ET.
“Imagine that TikTok is going to argue that this is some sort of unique American obsession with China to foresee threats that don't exist. The fact that India, a bordering neighbour to China, has seen a similar threat from TikTok and
