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From banning to regulating TikTok: Addressing concerns of national security,

privacy, and online harms

Article · October 2020

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 Policy Research|From Banning To Regulating TikTok

Platforms, Governance and Global Society

A research program based at
Wolfson College, Oxford University
https://www.wolfson.ox.ac.uk/about-pgg

From banning to regulating TikTok: Addressing concerns of

national security, privacy, and online harms

Dr Jufang Wang1

October 2020

1
The author can be contacted at [email protected]

1
 Policy Research|From Banning To Regulating TikTok

Executive Summary

• TikTok, the viral video-sharing needed competition within the

platform owned by the Chinese industry. Banning TikTok will not be
company ByteDance, is under threat of good for technology innovation.
being banned on the grounds of
‘national security’ concerns in the US • TikTok has become one of the world’s
and several other countries (India has most vibrant online communities,
already banned TikTok). Meanwhile, providing channels for many people,
the platform has been under including under-privileged groups and
regulatory scrutiny in some countries indie musicians and artists to express
over issues including data privacy and themselves and/or to make a living.
‘immoral’ content. Banning TikTok is seen by many as a
violation of freedom of speech of
• While China has blocked most TikTok’s hundreds of millions of users.
overseas social media platforms This point has been largely
through its ‘Great Firewall’, overlooked by Western mainstream
democratic countries’ banning of media.
TikTok will lead to a more fractured
Internet and a more authoritarian • Compared to banning a popular social
Internet governance model, under media platform, resorting to
which national governments can regulatory measures has its obvious
simply ban any global media merits. It can not only maintain a safer
platforms citing vague ‘national online environment, but also provide
security’ reasons. Such a ‘splinternet’ a more stable, rule-based operating
is against the interest of consumers environment for all online media
and businesses around the world. platforms, regardless of their national
origins.
• As the first non-US social media
platform that has gained global • Regulatory pressure on TikTok has so
popularity, TikTok’s fate has far brought about some positive
significant implications for the wider changes regarding its data protection
tech industry. The exclusion of TikTok, and content moderation policies, such
which has become a competitive as increasing its transparency around
contender to the US-based social user data and distancing itself from
media giants like Facebook and China’s content censorship policy.
YouTube, will undermine the much-

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 Policy Research|From Banning To Regulating TikTok

1. Introduction dominated by a few US companies like

TikTok, the viral video-sharing platform Facebook and Google? Additionally, is
owned by the Chinese company banning TikTik a violation of the freedom
ByteDance, is facing an uncertain future of speech of its hundreds of millions of
under the threat of being banned in the users?
United States. The Trump administration
has cited ‘national security’ threats to This policy research report analyses the
target the platform, accusing it of sharing implications of two different approaches
American user data with the Chinese in addressing the concerns over TikTok:
Communist Party (CCP), spreading an outright ban and regulatory measures.
disinformation that benefits the CCP, and It argues that, while Western democracies
censoring content that displeases Beijing. may have legitimate concerns towards
Meanwhile, politicians and lawmakers in TikTok, resorting to regulatory measures,
several other countries including Australia, rather than a ban, to address them has
Japan and UK have also voiced concerns obvious benefits. Such benefits include
about TikTok’s Chinese origin and raised maintaining a more open Internet,
the possibility of a future ban (Australia fostering competition and innovation in
ruled out a possible ban after a security the technology sector, and honoring
review on TikTok this August). TikTok users’ freedom of speech and their
rights of monetization through content
In addition, India banned TikTok among creation. This report will first discuss the
dozens of Chinese apps amid border negative implications of banning TikTok.
conflicts with China in June. TikTok is also Then, it will examine the existing or
under regulatory scrutiny in a number of potential regulatory measures of
countries for issues including data privacy addressing concerns related to TikTok,
and hosting ‘immoral’ content. In October, including data security, privacy,
Pakistan temporarily banned the platform disinformation, content censorship, and
for immoral videos. online harms. Given that not all these
concerns are particular to TikTok, the
While China has blocked many overseas regulatory measures discussed are largely
social media platforms like Facebook and applicable to other global platforms.
Twitter through its so-called “Great
Firewall”, it is a rare and unexpected 2. The wider impact of banning TikTok
action for democracies to ban or threaten For Western democracies, while banning
to ban a globally popular platform. This TikTok may solve their ‘national security’
new development raises serious questions concerns over the platform, it is only a
about the future of the Internet: Is an open short-sighted solution to long-term issues
Internet still a goal pursued by the such as data security, privacy and
Western democracies? Given that TikTok disinformation. Also, such an approach
is the first non-US social media platform can have profound impact on the future of
that has achieved global popularity, is an open Internet, technology innovation,
banning the platform detrimental to the and TikTok users’ freedom of speech.
much-needed competition within the
social media market that has been Leading to a ‘splinternet’

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 Policy Research|From Banning To Regulating TikTok

A possible TikTok ban in the US and other It is worth noting that threatening to ban
democracies may lead to a more fractured TikTok is only part of the Trump
online world. Here, the logic is that if the administration’s sweeping ‘Clean Network’
US can ban TikTok on ‘national security’ program, which aims to cut out almost all
grounds without providing evidence, then technological links between US and China
other countries may also cite this reason (covering telecommunication carriers,
to ban any social media platforms or any apps, cloud services, mobile stores, and
tech companies. This is why even TikTok’s undersea cables).5 The United States has
competitor Facebook has voiced concerns been pressuring other countries to join
over the long-time implications of a this program. If this ‘Clean Network’
TikTok ban for all social media platforms.1 program is fully implemented, a digital
An article from Harvard Business Review wall will rise along the ideology line. Such
even warned that the TikTok ban ‘should a ‘splinternet’ will bring substantial
worry every company’, as there has been disruption and hazards to our world. For
an increase in the cases of countries example, users of Huawei phones around
banning products or services over alleged the world have already felt the disruption
cybersecurity concerns.2 caused by the US sanction on Huawei, as
they are now unable to use the basic
Banning TikTok over national security services from Google such as Google Maps.
concerns is also reminiscent of the
authoritarian Internet governance model. Inhibiting competition and innovation
Countries like China and Russia have TikTok is an innovative social video-
advocated the so-called ‘Internet sharing platform, which has popularized a
sovereignty’ policy, which allows national new form of online content around the
governments to exert more control over world: 15 to 60 seconds short-form videos
the Internet within their borders, as an with soundtracks (usually popular music).
alternative to the West’s ‘Internet freedom’ While the platform is most famous for its
agenda. 3 In recent years, this ‘Internet fun and creative videos, it is becoming one
sovereignty’ idea has gained some of the most popular social media
momentum. For example, in Turkey, a new platforms for political expression (such as
law requires social media platforms to BLM movement and US presidential
appoint a local representative in the election) and expanding its user base from
country, to store user data of Turkish young users to a wider demographics.6
citizens within the country, and to obey
local court orders to remove offensive TikTok has become a serious competitor
content within 48 hours; otherwise, they to American social media platforms like
will face a heavy fine and a de-facto ban Facebook, Instagram and YouTube. Before
(90% of bandwidth being blocked). 4 If TikTok, non-US social media platforms
Western democracies join such efforts by like WeChat (China), Line (Japan),
banning a globally popular social media VKontakte (Russia), Kaokao Talk (South
platform, Internet governance around the Korean) have not achieved global
world will go further towards an popularity, although they are very
authoritarian model. successful at home and in some countries.
In this sense, the success of TikTok in

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 Policy Research|From Banning To Regulating TikTok

global expansion is exceptional. Since three TikTok content creators, who filed a
2018, TikTok has witnessed a meteoric lawsuit requesting an American court to
rise: it has been downloaded over 2 billion block Trump administration’s TikTok ban,
times globally and was the most pointed out in their court document,
downloaded app across the App Store and different from other social media
Google Play in the first quarter of 2020.7 platforms, TikTok’s algorithm allows
‘little-known creators to show their
Banning TikTok will further solidify the content to a large audience’.10 This is an
dominance and monopoly of American important point that has been largely
social media platforms globally. Through overlooked by Western mainstream media.
acquisitions and mergers, the Facebook
company already owns four top social TikTok’s AI-powered algorithm, which
media platforms including Facebook, recommends personalized content based
Instagram, WhatsApp, and Facebook on users’ interest, has been dubbed the
Messenger. 8 Google not only dominates ‘secret sauce’ of its success. 11 The
the online search market, it also owns algorithms of most major social media
YouTube, the world’s largest video- platforms like Facebook, Instagram and
sharing platform. This situation has Twitter mainly prioritize content posted
caused concerns even within the US. by users’ friends and/or subscribed
Facebook’s CEO Mark Zuckerberg and accounts.12 However, according to TikTok,
Google’s CEO Sundar Pichai, together with ‘neither follower count nor whether the
CEOs from Apple and Amazon, testified at account has had previous high-performing
the US House of Representatives' antitrust videos are direct factors in the
subcommittee in late July 2020. 9 The recommendation system.’13 In other words,
dominance of a few American social content creators without large number of
media platforms in the world has made it followers on TikTok can reach a massive
difficult for new entrants to attract users, audience as long as their content is
partly due to the ‘network effects’ enjoyed by others. This explains why on
witnessed in social media markets. In the TikTok, most popular users are not
meantime, tech startups around the world necessarily celebrities, but people
may lose the inspiration from the success previously unknown.
story of TikTok.
For the above reason, TikTok’s algorithm
Violating freedom of speech has created a more equal online space for
It may not be obvious that banning TikTok its users than most popular platforms. As
will violate the freedom of speech of a result, when TikTok was banned in India,
TikTok users, given that there are the most affected groups were those
alternative platforms for them to express disadvantaged people, including rural
themselves. This might be true for housewives and the unemployed who
celebrities and famous brands. However, relied on the platform to express
for unknown content creators, especially themselves and earn extra income.14 This
many underprivileged social groups, situation also applies to indie musicians,
TikTok is a unique and important platform artists, and comedians, who have flocked
for them to be discovered and heard. As to TikTok in hope of gaining an audience

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 Policy Research|From Banning To Regulating TikTok

and making a living.15 Banning TikTok will service, both Apple and the company have
be a violation of their freedom of speech the right to access all user data of Chinese
and rights to monetise their content. mainland users, and GCBD may disclose
user data to Chinese law enforcement
3.Addressing concerns through regulatory authorities, government officials, and/or a
measures relevant third party when it believes
Compared to banning TikTok, regulatory ‘reasonably appropriate’. 17 The proposed
schemes provide a long-term and rule- TikTok-Oracle-Walmart deal offered a
based approach to address concerns similar solution: Oracle would become
around social media platforms. In recent TikTok’s ‘trusted technology provider’,
years, some countries or regions, with TikTok’s user data of American users
especially the EU, have stepped up their being stored in Oracle iCloud and
efforts in regulating platforms in areas managed by Oracle.
including data protection and tackling
online harms. Here, regulatory measures For many Western countries, such an
refer to laws, regulations, public-private arrangement to ensure data security may
agreements, and self-regulatory not be necessary. In the EU, the General
framework initiated by states or inter- Data Protection Regulation (GDPR) that
governmental bodies (e.g., Code of Practice came into effect in 2018 provides a
on Disinformation in the EU). framework for personal data protection
and cross-border data transfer. Currently,
Data security and privacy TikTok is under regulatory scrutiny in
The main ‘national security’ concern several European countries (Netherlands,
regarding TikTok expressed by the Trump France, Italy, Demark, and UK) for privacy
administration is that the platform may issues, rather than national security
share user data of American users with the concerns. If TikTok is found to have
Chinese government. However, even the breached GDPR, the company will face a
CIA has concluded that there is ‘no fine up to € 20 million or 4% of its global
evidence’ showing that TikTok has done turnover, whichever is higher (in each
so. 16 TikTok has repeatedly denied such country). To avoid being fined in several
accusations and emphasized that its user EU countries, TikTok has announced a
data are stored in the United States, with plan to launch a data center in Dublin and
a backup in Singapore, and therefore are made TikTok Ireland the data controller of
not subjected to Chinese laws. its European users.18

It is not uncommon for national Outside Europe, some other countries also
governments to have concerns over their raised privacy concerns over TikTok,
citizens’ data being controlled by foreign especially over its handling of user data of
companies. China itself required Apple to children, given that the platform has a
store iCloud data of mainland China users very strong user base among young
within the country in 2018, which is why people (over 40% users aged between 16-
Apple iCloud service in China is operated 24), some of whom being under 13.19 For
by GCBD, an iCloud service in Guizhou, example, in July, South Korean data
China. According to GCBD’s terms of watchdog fined TikTok around £123,000

6
 Policy Research|From Banning To Regulating TikTok

for collecting data of thousands of Tibetan independence. 23 TikTok claims

children under 14 years old without the that the leaked moderation guidelines
consent of legal guardians.20 were outdated and it does not censor
content displeasing China. According to
While TikTok may be issued heavy fines if TikTok, its content moderation is
found to have breached privacy rules in conducted by teams outside China
Europe or elsewhere, the company, at following local laws and culture. In March
least, understands what is expected 2020, ByteDance dismantled the whole
regarding data protection policies and Beijing team who was responsible for
practices. This is exactly why a regulatory overseas content moderation.24
approach is better than a ban, as it
provides a more stable environment for While TikTok’s localization of content
platforms, their users and advertisers. moderation may alleviate, to some degree,
concerns over the platform in relation to
Under regulatory pressure, TikTok has disinformation and censorship, such
tried to increase transparency of its concerns will not die down as long as
privacy policies, including disclosing what ByteDance is in charge of TikTok’s
types of user data it collects and how they algorithm—the source code that decides
are used. Meanwhile, in common with what content each user consumes.
major American platform companies such Microsoft, the earlier potential buyer of
as Google and Facebook, TikTok started to TikTok’s American business, demanded
publish semi-annual transparency reports that a sale deal should include TikTok’s
since the second half of 2019, disclosing algorithm. However, China’s Ministry of
information regarding the volume and Commerce updated its list of controlled
nature of governmental requests for its exports to include recommendation
users' account information and other legal algorithms that powered TikTok in August
notifications.21 The response from TikTok 2020. The later proposed TikTok-Oracle-
shows that regulatory scrutiny (with heavy Walmart deal provided another option:
fines) is effective in pressuring global Oracle will get full access to TikTok’s
social media platforms to be more source code and updates to ensure that
responsible in handling user data. there are no back doors used by the
platform. This may be the only accepted
Disinformation and censorship option to China, given the high value of
Apart from data security, another type of TikTok’s algorithm.
national security concern over TikTok in
Western democracies is that the platform Source code reviews are not unusual
can be used to spread disinformation and practices to alleviate security concerns.
to censor content displeasing Beijing. 22 Microsoft launched its Government
Some media reports revealed that leaked Security Program (GSP) in 2002 that
TikTok documents instructed its allows some 40 nations to review its
moderators to suppress content that source code and later opened several
Beijing deemed politically sensitive such transparency centres including one in
as videos mentioning Tiananmen Square Beijing that allow manual review of
(i.e., 1989 political turmoil in Beijing) and Microsoft products by government IT

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 Policy Research|From Banning To Regulating TikTok

experts. 25 In 2018, Huawei, the Chinese later by Twitter) has banned all paid
telecommunication giant, opened a political ads on its platform.
Security Innovation Lab in Germany that
enables source code reviews aiming at In addition, TikTok, which celebrated the
winning German regulators’ confidence in Pride Month for its LGBTQ+ community in
its 5G equipment. 26 It is not known yet June 2020,29 has been accused of shadow-
whether the Oracle-TikTok source code banning (meaning content can be posted
inspection arrangement will satisfy the but not recommended by TikTok’s
Trump administration. However, source algorithm) LGBT-related content in
code reviews may be a potential countries in Eastern Europe and the
regulatory solution if other countries also Middle East like Russia, Bosnia, and Jordan.
have security concerns regarding TikTok’s TikTok acknowledged that this practice
recommendation algorithm. This summer, was partly due to its ‘localised’ approach
TikTok opened a Transparency and to content moderation, but sometimes
Accountability centre in Los Angeles, due to ‘mistakes’. 30 This revelation
where invited journalists, experts and demonstrates the different approaches
government officials can learn more about between TikTok and American platforms
its data storage, content moderation regarding content moderation. TikTok’s
policies and even monitor its algorithm.27 Community Guidelines state that it
considers ‘the cultural norms and local
Apart from concerns over TikTok’s China regulations of the countries’ in which the
origin, wider concerns in relation to platform operates.31 In contrast, YouTube
disinformation and censorship have also states that its ‘Community Guidelines are
been raised with TikTok, along with other enforced consistently across the globe,
major social media platforms. Since the regardless of where the content is
2016 American presidential election, uploaded.’ 32 While American platforms’
there are wide concerns around the world, ‘globalized’ approach may fit well in
from both the governments and the public, democracies, TikTok’s ‘localized’ approach
over the role of social media platforms in may be plausible in more conservative
spreading disinformation to influence countries but is more subjected to
elections. censorship accusations.

In the EU, the Code of Practice on Online harms and content moderation
Disinformation is a self-regulatory set of Another major concern over TikTok (other
standards on fighting disinformation platforms as well) around the world is the
signed by platforms including Google, existence of harmful content, although
Facebook and Twitter in 2018, which aims countries may have different definitions
to achieve the objectives, set by the and understandings about what
European Commission, such as increasing constitutes ‘harmful’ content.
transparency in political advertising,
closure of fake accounts and TikTok was temporarily banned in
demonetization of purveyors of Indonesia in 2018 and in Pakistan in 2020
disinformation. TikTok joined the code
28
for hosting ‘immoral’ or ‘inappropriate’
in June 2020. Since 2019, TikTok (joined content. In Western democracies, the

8
 Policy Research|From Banning To Regulating TikTok

focus on harmful content or online harms and civil groups have noted that platforms
has mainly been on issues like hate may not have sufficient time to evaluate
speech, child protection, terrorism the content if they are required to remove
propaganda, and copyright infringement. extremist content within one hour of
For TikTok, child protection and user receiving notice. 34 Overall, given that
safety have become a prominent issue, as platforms have become the main channels
it has a large proportion of young users. for global connection, civic participation,
and individual expression, it is absolutely
In recent years, many countries have necessary to strengthen the regulation of
strengthened their measures to fight these powerful platforms and in the
online harmful content by introducing meantime to take freedom of speech into
heavy fines on, and even prosecution of full consideration.
executives of, social media platforms if
they fail to remove content within certain Dr Jufang Wang is deputy director of the
time limits. Australia passed the Sharing of PGG programme based at Wolfson College,
Abhorrent Violent Material Act in 2019, University of Oxford. Her research focuses
introducing possible jail sentences for on digital media platforms, media policy
tech executives for up to three years and and Internet governance, and wider issues
penalties up to 10% of a company's global concerning China. She is working on a
turnover.33 The EU and several European book about China’s online public opinion
countries like Germany have also taken control in the platform age.
regulatory measures in fighting online
harmful content. For example, the EU’s
proposed Terrorist Content Regulation
requires tech companies to remove
extremist content from their platforms
within one hour. Germany’s Network
Enforcement Act (NetzDG) that took effect
in 2018 obliges social networks to remove
‘manifestly unlawful content’ within 24
hours, and systemic failure may lead to
fines up to €50 million. These legislation
developments have put pressure on
platforms to step up their self-regulatory
efforts in content moderation.

While it sounds plausible to hold

platforms accountable for hosting harmful
content, there is also a fine line to walk
between safeguarding freedom of speech
and maintaining a safe online
environment, as platforms may over-
censor content to avoid heavy fines. For
example, some technology companies

9
 Policy Research|From Banning To Regulating TikTok

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 Policy Research|From Banning To Regulating TikTok

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