Home » US Business & Employment News • US business news » Montana Governor Greg Gianforte signs ban on Tiktok

Montana Governor Greg Gianforte signs ban on Tiktok

By Nithya Bose in US Business & Employment News, posted May 18, 2023

Montana has made history by becoming the first state to implement a complete ban on the sales and use of TikTok.

Governor Greg Gianforte signed the legislation which cites citing the need to safeguard Montanans' private data and sensitive personal information from the Chinese Communist Party.

In response, TikTok's spokesperson accused Gianforte of infringing on the First Amendment rights of Montana residents.

The spokesperson expressed concern over the unlawful prohibition of a platform that empowers hundreds of thousands of people across the state.

While several states and the federal government have already restricted TikTok's usage on public agency devices due to national security concerns, Montana's legislation goes further.

It imposes substantial fines of $10,000 per day on mobile stores that provide access to the app and on TikTok itself if it continues to operate within the state.

However, individual TikTok users are exempt from these penalties.

The law will take effect on January 1, 2024.

Legal challenges to the ban are expected, with the American Civil Liberties Union (ACLU) strongly criticizing Gianforte for disregarding First Amendment rights.

The ACLU called the law "unconstitutional" and noted that it will go into effect on Jan. 1 if the courts do not act.

Keegan Medrano, policy director at the ACLU of Montana, said in a statement: “With this ban, Governor Gianforte and the Montana legislature have trampled on the free speech of hundreds of thousands of Montanans who use the app to express themselves, gather information, and run their small business in the name of anti-Chinese sentiment."

TikTok reassured Montanans they can continue using the platform for self-expression, livelihood, and community-building, emphasizing their commitment to defending users' rights within and outside Montana.

Gianforte initially proposed expanding the ban to other social media apps associated with "foreign adversaries," but the legislature adjourned before addressing the proposal.

Nevertheless, the governor issued a separate order prohibiting state agencies and government users from utilizing several apps owned by Russian or Chinese companies.

Need Career Advice? Get employment skills advice at all levels of your career

It includes Telegram, WeChat, CapCut, and Temu.

This ban will be effective from June 1.

Challenges to this action are also expected, as a US magistrate in Northern California previously halted the Trump administration's attempt to ban WeChat, citing likely unconstitutionality.

The TikTok ban in Montana serves as a significant test case, as policymakers at the federal and state levels express concerns about the app's operations.

Lawmakers have raised questions regarding the protection of user data, and Montana's legislation will provide insights into the extent to which private company operations can be legally prohibited.

Follow us on YouTube, Twitter, LinkedIn, and Facebook.