The legal battle over TikTok’s US operations intensifies, with the company arguing the law infringes on free speech and misrepresents its data practices.

TikTok has contested claims made by the US Department of Justice in a federal appeals court, asserting that the government has inaccurately characterised the app’s ties to China. The company is challenging a law that mandates its Chinese parent company, ByteDance, to divest TikTok’s US assets by January 19 or face a ban. TikTok argues that the app’s content recommendation engine and user data are securely stored in the US, with content moderation conducted domestically.

The law, signed by President Joe Biden in April, reflects concerns over potential national security risks, with accusations that TikTok allows Chinese authorities to access American data and influence content. TikTok, however, contends that the law infringes on free speech rights, arguing that its content curation should be protected by the US Constitution.

Oral arguments for the case are scheduled for September 16, just before the presidential election on November 5. As the debate heats up, both Republican and Democratic presidential candidates have expressed contrasting views on TikTok, with Donald Trump opposing a ban and Kamala Harris embracing the platform as part of her campaign.

The legislation also impacts app stores and internet hosting services, barring support for TikTok unless it is sold. The swift passage of the measure in Congress highlights ongoing fears regarding data security and espionage risks associated with the app.