Montana makes history in the U.S. as the first state to legislate a bill that would impose a total TikTok ban. The calls for censorship of the social media platform started with concerns that the Chinese government could easily access American users' data. However, critics of the said bill in Montana maintained that the passing of the TikTok ban law is an assault on free speech.
Congress Could Still Override Montana's TikTok Ban Bill; Law will Take Effect in January 2024
As reported by Gizmodo, Montana is the first in the United States to legislate a state-wide TikTok ban. The bill shall cover all devices that are used within the state. To recall, Montana already ruled to ban the use of the video-streaming app among government personnel.
Montana passing a TikTok ban law could put pressure on other American states to pass a similar bill, particularly the Republican-dominated states. On Friday, Montana's House of Representatives voted in favor of the TikTok ban bill, also known in the chambers as SB 419. The result of the House voting is 54-43, in favor of the bill. As the bill was already approved by the state senate last month, it would only need the signature of the governor of Montana to become final.
Even if the bill becomes executory upon signing, the TikTok ban in Montana will only take effect in January 2024. Furthermore, there is a chance that the bill will be voided by nationwide legislation from the US Congress. Capitol Hill is expected to legislate the TikTok ban, although with certain conditions that would force TikTok's parent company to divest to a US company.
Related Article: TikTok Ban Bill Loses Support from U.S. Senator Rand Paul
TikTok Ban Law in Montana to Penalize Digital Stores Offering Download of Streaming App
As reported by NPR, Montana's TikTok ban legislation will prohibit access to the video-streaming platform "within the territorial jurisdiction of Montana." It will also penalize digital companies for making TikTok available for download in their online stores, including Google Play Store, Apple Store and TikTok's online portal. Violators of this rule will face penalties of up to $10,000 per day. It should be noted, however, that only the companies offering TikTok's download will be fined, not the users who wish to avail the app.
According to Montana's state senator, Shelley Vance, the passing of the law couldn't come any sooner as "TikTok endangers the safety of Montanans and Americans at large." Sen. Vance, also a co-author of the latest Montana bill, argued that TikTok's parent company, Bytedance, is "without a doubt" working with the Chinese government to spy on the American people, and that the company is using the public's private information "against their will."
Meanwhile, TikTok spokesperson Brooke Oberwetter lamented the creation of the bill in Montana, noting that even the state legislators are aware that there is "no feasible plan" to implement the ban on the video-streaming platform. For one, it is impossible to completely prevent users from downloading TikTok across the state. Moreover, Oberwetter insists that the TikTok ban law would only censor the voice of the citizens.
"We will continue to fight for TikTok users and creators in Montana whose livelihoods and First Amendment rights are threatened by this egregious government overreach," Oberwetter told the press.
