Elon Musk Dubs US TikTok Bill 'Censorship' as Possible Ban Looms (2024)

Tesla and SpaceX CEO Elon Musk is not a fan of a US bill that would ban TikTok if it doesn't sever its ties to China.

"This law is not just about TikTok, it is about censorship and government control!" Musk wrote on X, formerly known as Twitter, which he owns. "If it were just about TikTok, it would only cite 'foreign control' as the issue, but it does not."

Musk was responding to assertions from Rep. Thomas Massie (R-KY) that the TikTok bill is a "trojan horse" that gives the president the power to ban websites and targets US companies.

"The President will be given the power to ban WEB SITES, not just Apps," Rep. Massie tweeted.
"The person breaking the new law is deemed to be the U.S. (or offshore) INTERNET HOSTING SERVICE or App Store, not the 'foreign adversary.'"

He points to bill text that says: "The term 'foreign adversary controlled application' means a website, desktop application, mobile application, or augmented or immersive technology application that is operated, directly or indirectly (including through a parent company, subsidiary, or affiliate)" by ByteDance or TikTok.

Though TikTok is primarily a mobile-focused experience, it's also accessible on the web, similar to Facebook, Instagram, and Musk's X.

Bill sponsors argue that it's not an act of censorship. "This legislation does not regulate speech. It is focused entirely on foreign adversary control—not the content of speech being shared," a bipartisan group of lawmakers said earlier this month. "This bill only applies to specifically defined social media apps subject to the control of foreign adversaries, as defined by Congress."

The Protecting Americans from Foreign Adversary Controlled Applications Act would ban apps controlled by foreign adversaries; here that largely applies to ByteDance-owned properties like TikTok. The bill also "creates a process for the President to designate certain, specifically defined social media applications" controlled by "a foreign adversary" as a threat to national security. Such apps, including any web versions, would then be banned from app stores and web hosting services, respectively.

TikTok could get around a US ban by severing ties with ByteDance, which is really the ultimate goal here. No one really expects TikTok to be fully banned in the US (especially in an election year when both candidates need the votes of younger, TikTok-obsessed voters).

But whether that happens remains to be seen. Former President Trump, who came out against this most recent TikTok ban because it would benefit Meta, ironically kicked off the TikTok ban discussion himself with a 2020 executive order that was similar to the pending legislation. There was talk of Microsoft buying TikTok before Oracle stepped in as a technology partner. President Biden then rescinded Trump's EO but left the door open to a more comprehensive solution.

The Biden administration has said it will support the bill, which has received plenty of bipartisan support. The bill itself was introduced by Reps. Mike Gallagher (R-WI) and Raja Krishnamoorthi (D-IL). Over 20 other Republican representatives are also named "co-leaders" of the measure.

Regardless, Republicans are somewhat divided on the bill. While Massie is opposed, Utah's Republican Governor Spencer Cox said he supports the bill Monday, indirectly refuting TikTok's claims that banning its app poses a First Amendment violation. Republican FCC Commissioner Brendan Carr, who has publicly criticized TikTok for years, supports the latest bill.

Musk, meanwhile, didn't elaborate on his objection beyond that one tweet. But he has been critical of TikTok. In June 2022, he mused: "Is TikTok destroying civilization? Some people think so." Last year, Musk said he tried using TikTok, but "felt their AI probing my brain, so I stopped." Following an advertiser exodus last year, meanwhile, Musk implied that TikTok should be boycotted instead of his own social media platform.

The US bill was unanimously approved by the House Energy and Commerce Committee last week. The US House of Representatives will vote on it Wednesday morning.

TikTok has already seen 39 state-level bans across the US prohibiting it from being used on government devices. Many other countries have also banned TikTok from government devices at the national level, and India has instated a complete ban across the board. Efforts to ban the app overall at the US state level, however, has received pushback from the courts.