It’s official: TikTok will be banned in the US.
On Friday 17 January, the Supreme Court voted to uphold the law that requires TikTok be banned in the US unless it divests from Bytedance by 19 January — two days time. In an unsigned opinion with no dissents, the justices rejected TikTok’s free speech challenge.
The ban was first floated in 2020 (following India’s banning of the app), which was followed by ‘Project Texas’, a joint effort between TikTok and Oracle to protect users’ data by separating out US TikTok’s code. A ban picked up traction in 2023 when the Biden administration moved to ban it from the devices of government employees. Still, brands, creators and industry experts remained relatively unconcerned. While aware that some restriction was possible, few entertained the idea of an all-out ban of the platform.
In March 2024, the House of Representatives passed a bill that meant that, unless TikTok divested from its Chinese owner Bytedance, the platform would be removed from app stores in the US. The bill won by an overwhelming majority in a bipartisan vote, passing on a 352-to-65 vote ratio. In April 2024, the Senate passed the bill.
TikTok attempted to overturn the verdict, but on 6 December 2024, that was rejected. On 10 January, TikTok presented arguments to the Supreme Court regarding why the ban is in violation of the First Amendment, infringing upon users’ (and TikTok’s) free speech. The court had until 19 January to reach a decision regarding whether to side with the government or TikTok. (Had they not reached a decision by this date, the ban would have gone into effect.)
Talent manager Ali Grant spent the past week providing a backup plan for creator talent, many of whom rely on TikTok for a large percentage of their income. “Today’s appeal rejection makes the ban that much more real,” she says. “I’ve seen this app change people’s lives overnight, allowing anyone to share their story, ideas, business, and thoughts and build a true community.”
For creators, the news is a blow. “TikTok has an inherent value to its users and its creators that I think has been completely overlooked on a federal level,” says fashion and jewellery creator Kira Kirby, whose follower base and income is tied to the platform. “It feels like the federal government is very much focused on [the] macro but neglects average Americans.”
As for what will happen to TikTok starting 19 January, the requirement is that app store operators stop making TikTok available to download. Given this, the likely scenario was that, for those with the app currently installed on their phones, it would continue working as usual for some time. It would, however, be removed from the App Store and Google Play. As app updates won’t be supported, eventually, it will stop functioning.
That said, during the Supreme Court hearing, TikTok’s lawyer said repeatedly that the platform would “go dark” if an extension or overturn were not granted. Then, on 15 January, reports surfaced that TikTok plans to shut off the app in the US entirely. TikTok reportedly plans to redirect users to a page with information about the ban, and to give them the option to download their data from the app. Its fate still could change: incoming US President Donald Trump is reportedly considering an executive order that could ‘save’ TikTok by reversing the ban.
“The fact that Trump is planning to have the [TikTok] CEO there on inauguration day suggests that Trump will at least try to reverse it, whether through a negotiated divestiture or some other means,” says Jeff Trexler, associate director of Fordham University’s Fashion Law Institute. “If I were TikTok or a platform hosting the app, I would allow TikTok to go dark on Sunday not merely for risk management, but to inspire more support for the fight against censorship.” He expects that this is what TikTok will do.
But US-based creators are unclear about what will happen to their accounts come Sunday. For Kirby, her saving grace is that she’s built up an international following having lived in London for the past four years. “Only about a third of my total followers on TikTok are based in the United States,” she says. “That said, I have no idea what will happen to my US-based account once the band goes into effect. If it entirely deletes my account, that will be another blow.”
In anticipation of the verdict, creators began looking for alternative platforms to host their content. One standout that blew up last week was Chinese-owned Xiaohongshu, known as Red Note or Red in the West. Red rose to the top of the App Store’s free downloads, and creators were quick to encourage their followers to join them in the migration. Other apps are positioning themselves to fill the void.
Ed East, founder and group CEO of Billion Dollar Boy, expects these platforms to continue to evolve to replicate TikTok features, and will be watching for new players too. “The industry has adapted every time a platform has emerged, disappeared or evolved drastically over the past decade,” he says.
This is where Grant is now focusing. “I’ve built a career supporting content creators, so for now, I am working on alternative platform strategies and ways creators can continue to build with or without TikTok.”
Creators react
Kirby recently left her PR job to transition from doing social media part time to being a full-time influencer. “My follower base is almost entirely on TikTok, and it’s where the vast majority of my collaborations are based. To brands, it s like my worth has just dropped by 185,000 followers,” she says.
TikTok’s Creator Fund is also a major source of income for Kirby. “To say this has completely devastated my business is an understatement. I truly don t know if I will be able to support myself without getting a full-time job, which is heartbreaking having just made this transition two months ago.” Now, she’s planning to make the transition to YouTube.
For skincare and beauty influencer Taylor Bosman too, the decision undermines her primary means of financial stability. “TikTok isn’t just an entertainment app; for millions of small businesses and people including myself it has provided a stable income in an increasingly expensive world,” she says.
TikTok also makes up the bulk of beauty influencer Sarah Palmyra’s business – over 60 per cent – in beauty sponsorships. “As a beauty influencer, I have relied on TikTok to be able to build an engaged community through storytelling only possible through an algorithm that allows anyone to reach a wide audience so long as their content is valuable and authentic,” she says.
Tiana Marcano, who runs a fashion styling company, has used TikTok to share styling tips in order to drive viewers to her styling business. It’s made a big impact, she says. For now, she’s looking to new platforms, while hoping the ban can be reversed.
East’s question now is whether the government will step in to help creators for whom the ban means a major loss of income. “The creator economy is a recognized and growing contributor to the US economy,” he says. “A disruption on this scale in other industries would likely prompt a federal response.”
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