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The war in Gaza also became a factor in a strongly pro-Israel Congress. After the October 7 attacks by Hamas on Israel, many users and observers of the TikTok platform perceived that Israel was being presented very unfavourably with a significant increase in antisemitic posts. The algorithm was seen to drive pro-Palestinian videos.
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TikTok fumbled its lobbying strategy. The legislation was on a superfast track. Its counterpunch was to notify TikTok users’ phones by postcode if they lived in congressional districts of energy and commerce committee members. The tidal wave of calls infuriated the lawmakers. Not one vote was shaken loose from the bill.
TikTok’s enormous scale is, however, the key to its fightback. It does have allies.
A major investor in TikTok and heavyweight financial supporter to Republican candidates, Jeff Yass, has made known his opposition to the bill. Former Trump adviser Kellyanne Conway spoke out: “Why would the GOP wish to be seen as the party of ‘bans’ when Biden is the one banning things: gas stoves, fossil fuels, menthol cigarettes and vapes?”
Elon Musk has joined the party: “This law is not just about TikTok, it is about censorship and government control!”
TikTok CEO Shou Zi Chew at a Senate judiciary committee hearing in Washington in January. TikTok says it has not and would not share US user data with the Chinese government.Credit: AP
The biggest surprise was the reversal, just before the full House voted on the bill, of the former president who had ordered TikTok to be outlawed. No one matches Trump in stating his interests. On his own social media platform, Truth Social, Trump was unequivocal: “If you get rid of TikTok, Facebook and Zuckerschmuck [FB founder Mark Zuckerberg] will double their business. I don’t want Facebook, who cheated in the last Election, doing better. They are a true Enemy of the People!”
The biggest issue that may ultimately see TikTok survive the maelstrom in Congress is its scale. There are 175 million TikTok users in the US. Tens of millions are younger and are immersed, along with 7 million small businesses. Do lawmakers really think they can take TikTok away – without any political repercussions?
You know what happens when you take a lollipop from a child? He or she starts screaming. Take TikTok away, and America’s TikTok users may start screaming – with their votes in 2024. Biden is already underwater with young voters, and he has repeatedly said he will sign this bill if it passes Congress.
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A big if. There is no counterpart bill in the Senate. Several senators have raised free speech concerns – that the bill violates the First Amendment. Trump will have some sway.
But Mike Gallagher, the Republican chair of the select committee on China, had the last word in the House. This bill, he said, “forces TikTok to break up with the Chinese Communist Party”. Which is exactly what the House wants done.
Bruce Wolpe is a senior fellow at the United States Studies Centre at the University of Sydney. He has served on the Democratic staff in the US Congress and as chief of staff to former prime minister Julia Gillard.