TikTok is facing its first ban by a US state over national security concerns after Montana’s governor signed a bill prohibiting downloads of the social media app, setting up a potential legal fight over free speech.
The bill, signed by Governor Greg Gianforte on Wednesday and taking effect in January, bans TikTok from operating within Montana and prohibits app stores from allowing downloads of the app, which is owned by Chinese company ByteDance. If they do not comply, TikTok and the app stores, such as Apple and Google, could face fines of $10,000 per violation per day, according to the new law.
The statewide ban, which has been strongly opposed by free-speech advocates, comes amid mounting security concerns from governments and regulators around the world about the company’s ties to Beijing via its Chinese parent. Earlier this year, the US government called for a ban or divestiture of the short-form video app, fearing it could harvest data on its 150mn American users for Chinese espionage purposes.
“To protect Montanans’ personal and private data from the Chinese Communist party, I have banned TikTok in Montana,” Gianforte, a Republican, wrote on Twitter on Wednesday.
Nevertheless, the law is widely expected to face legal challenges, which could delay enforcement.
TikTok said: “Governor Gianforte has signed a bill that infringes on the First Amendment rights of the people of Montana by unlawfully banning TikTok, a platform that empowers hundreds of thousands of people across the state.”
It added: “We want to reassure Montanans that they can continue using TikTok to express themselves, earn a living, and find community as we continue working to defend the rights of our users inside and outside of Montana.”
TikTok has become a flashpoint in rising tensions between the US and China, uniting Republicans and Democrats in Washington, many of whom have called for a federal ban. However, it is unclear if the White House will issue an executive order demanding a prohibition, or under what authority it could do so. Meanwhile, China has said it opposes a demand from the US that the US arm of TikTok be separated from its Chinese owners.
In Montana, which has a population of about 1.1mn, it is unclear what will happen to TikTok users who have downloaded the app ahead of the law coming into force. It is also unclear if and how the app stores will be able to carve out offering an app on a state-by-state basis.
Google and Apple did not immediately respond to a request for comment.
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