Montana Governor Greg Gianforte sparks controversy by trying to ban Tiktok: Users fight back with lawsuit

Greg Gianforte goes further than most. While Great Britain, Belgium and the EU Commission have only banned the use of the short video app Tiktok for government officials, the Republican governor of the American state Montana India’s way: From January 1, 2024, Tiktok and app store operators will be banned from offering the app for download in Montana. Violators face a daily fine of $10,000. Gianforte signed a corresponding law on Wednesday.

The main reason given by the law is the danger that the citizens of Montana will be spied on by the Chinese Communist Party using Tiktok. “The collection and use of Montana citizens’ personal information via social media by a foreign adversary is a violation of the individual’s constitutional right to privacy,” Gianforte said in a statement on the law.

Tiktok belongs to the Bytedance group, whose founder Yiming Zhang is a Chinese. The company also maintains a large headquarters in Beijing, where much of the app’s development takes place. The company’s legal domicile is in the Cayman Islands. Reports of data leaks and monitoring by journalists have raised concerns for a number of years that the Communist Party has direct access to the app’s data flows. Tiktok itself is trying to partially disclose its processes and the planned review of the data streams by the American digital group Oracle to allay concerns.

“Unlawful” Prohibition

Whether the ban is enforceable remains questionable. Users are exempt from penalties anyway. The question of whether a block is technically feasible also arises. Tiktok itself called the law “unlawful” in a statement. While Bytedance or Tiktok have not yet announced any legal action, some users are stepping into the breach for the platform of their choice.

Five Montana citizens, with their attorneys, have filed complaints against the law in Montana District Court (Case No. 23-cv-00056-DWM). Their main argument is that by doing so, the state is exceeding its authority and disproportionately restricting the freedom of speech of its citizens as defined in the First Amendment. In addition, the plaintiffs would suffer “irreparable damage” if they could no longer contact their followers via Tiktok.

The five plaintiffs are all Tiktok users who earn a greater or lesser part of their income from their presence on the platform. Alice Held has the largest following under the name “@mountainalice”. More than 215,000 people watch the 25-year-old student go hiking and mountaineering. In her videos, she also talks about her past as a drug-addicted teenager and how she was able to change her life for the better.

So-called “influencers” or “creators” like Held can earn money on social media by weaving advertising into their content. Brand manufacturers appreciate working with influencers because they often give them direct access to a target group that could be very interested in their products.

According to the lawsuit, another plaintiff, Carly Ann Goddard, or “@carlygoddardd,” used Tiktok to triple her family’s income. Goddard gives viewers on Tiktok a glimpse into her life as a landlady on a cattle farm. The “Ranch Wife”, who is a mother and housewife, shows furnishing tips, cooking recipes and moderation suggestions.

Samantha Alario believes that her livelihood is also affected. According to the lawsuit, her sustainable swimwear business, Gemini Mountain Swimwear, became known through Tiktok and would have to expect a large loss in sales if it were banned. Many smaller businesses or the self-employed no longer maintain their own websites or online trading and rely on social media as a showcase for their business, the lawsuit also states. Many small business owners in Montana would be harmed by a ban.

The remaining plaintiffs, Heather DiRocco and Dale Stout, primarily upload videos to Tiktok for the entertainment of their viewers. As a former Marine Corps sergeant, DiRocco also uses the platform to connect with fellow veterans and talk about mental health.

more on the subject

With their lawsuit, the five advocates for Tiktok could start a process that could go as far as the United States Supreme Court. So far, attempts to block the platform in America have not been successful. A planned federal law does not directly target Tiktok. It would allow the government to bar foreign technologies and companies from doing business in federal territory if they posed a threat to national security.