TikTok is facing its first ban in a U.S. state over national security concerns after the governor of Montana signed a bill banning downloads of the social media app, sparking a potential legal battle over free speech.
The bill, signed by Gov. Greg Gianforte on Wednesday and set to take effect in January, bans TikTok from operating in Montana and bans app stores from allowing downloads of the app, which is owned by Chinese company ByteDance. Under the new law, TikTok and app stores such as Apple and Google could face fines of $10,000 per day if they fail to comply.
The statewide ban was met with fierce opposition from free speech advocates amid growing security concerns from governments and regulators around the world about the company’s ties to Beijing through its Chinese parent company. Earlier this year, the U.S. government called for the short-video app to be banned or spun off, fearing it could collect data on its 150 million U.S. users for Chinese espionage purposes.
“To protect the personal and private data of Montanans from the Chinese Communist Party, I have banned TikTok in Montana,” Gianforte, a Republican, wrote on Twitter on Wednesday.
However, the law is widely expected to face legal challenges, which could delay implementation.
TikTok stated: “Governor Gianforte signed a bill illegally prohibiting TikTok from violating the First Amendment rights of the people of Montana. TikTok is a platform that empowers hundreds of thousands of people across the state.”
It added: “We want to reassure Montanans that they can continue to use TikTok to express themselves, make a living, and find community as we continue to work hard to defend the rights of users in and around Montana.”
TikTok has become a flashpoint in escalating U.S.-China tensions, uniting Republicans and Democrats in Washington, many of whom have called for a federal ban. However, it was unclear whether the White House would issue an executive order calling for a ban, or under what authority it could do so. Meanwhile, China has expressed opposition to U.S. demands to separate TikTok’s U.S. subsidiary from its Chinese owner.
In Montana, a state of about 1.1 million people, it’s unclear what will happen to TikTok users who downloaded the app before the law took effect. It’s also unclear if and how app stores will be able to offer apps on a state-by-state basis.
Google and Apple did not immediately respond to requests for comment.