TikTokers dancing
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Is a TikTok Ban in the US the Right Move?

TikTok faces further scrutiny as today marked a significant stride in the halls of the United States House of Representatives as they rallied behind a bipartisan effort to push forth a bill targeting the operations of TikTok within the nation’s borders.

With the resounding approval in the House, the spotlight now shifts to the Senate, where the fate of the popular video app will be further deliberated. Should the bill garner enough support in the Senate, it would mandate TikTok’s Chinese proprietor ByteDance to divest its ownership. If the company chooses not to, then the app faces a potential ban on American soil.

The bipartisan bill, dubbed the Protecting Americans from Foreign Adversary Controlled Applications Act, received an overwhelming endorsement in the House, with a vote tally of 352 to 65, as reported by CNN.


Lawmakers argue that the bill isn’t a ban but rather gives TikTok the choice to sever ties with the Chinese Communist Party. They believe TikTok can continue if ByteDance no longer owns it. However, TikTok disagrees, stating on X that the legislation aims for a total ban in the U.S., violating Americans’ right to free expression. They argue it will harm businesses, artists, and creators nationwide.

With further insight, RetailWire’s BrainTrust members provided valuable commentary on this developing story with their initial thoughts on how it may affect the retail industry.

According to Neil Saunders, “TikTok has become an increasingly important funnel for retail, driving people to buy things off the back of advertising, influencer shares, or viral posts. A ban would shut down that activity at a stroke and would leave some retailers scrambling. It would also effectively put an end to the TikTok Shop.” He highlighted that although retailers will eventually divert their efforts and advertising spending to other social platforms, this move would be “painfully disruptive for some in the short term.”


Paula Rosenblum agreed, noting that the ban could potentially take away a valuable way to reach customers. “It’s especially painful for smaller retailers, who use influencers and clever bits to gain visibility for their products,” she explained.

Cathy Hotka noted that “retailers love TikTok as a channel to reach younger consumers.” However, she also understands that “national security is an important consideration. If TikTok is banned in the U.S., another app will take its place.”

Melissa Minkow also speculates that other apps could fill the market void left by TikTok. “If TikTok doesn’t separate from ByteDance after the law ultimately passes (assuming it’s not appealed as an infringement on the First Amendment), other social media platforms will likely ramp up their offerings in facilitation of social commerce,” she said. “Influencers and brands would be back to prioritizing alternatives such as YouTube and Instagram, thus the commercialization efforts surrounding these platforms will take center stage. Retail budgets and priorities will change course as far as where marketing and tech resources are being directed within social commerce.”

Lisa Goller likewise thinks that a TikTok ban would lead to addictive, user-generated content migrating to Meta and YouTube, and she predicts that will impact global retail. “Brands and advertisers would follow consumers and reallocate their budgets from TikTok Shop to Instagram, Facebook, YouTube, and Amazon’s and Walmart’s retail media networks,” she said. “These American platforms would grow as sources of entertaining, shoppable content that connect companies with vibrant digital communities.”

Karen Wong argues that brands might move to other platforms, but it won’t be easy. Her insight regarded the challenges brands targeting TikTok’s key demographics may face, stating, “For those retailers, besides the lost sunk costs, it will be expensive for them to quickly pivot marketing resources to alternative platforms. Personally, I would expect that the majority of the eyeballs/ad spend would move back to Instagram or Snapchat, but a vacuum this big could be a once-in-a-lifetime opportunity for another platform to become the ‘new TikTok.’”

In comparison, DeAnn Campbell believes that brands might not have as many problems swapping over as you’d think — at least, not all of them. Although TikTok has “opened the eyes of retailers to the power of social media to drive sales and brand awareness,” the platform itself is still fairly new. “This means that retailers have not yet shifted their efforts away from other media platforms,” she explained. “Influencers and small business owners who have based their business around TikTok exclusively will find a ban devastating, but for most retailers, it will barely cause a ripple in the water. As for TikTok users, I have confidence they will quickly find another channel to populate, possibly even moving into gaming and VR platforms as their preferred new social media outlet.”

Per Trevor Sumner, “TikTok has been providing helpful competition in social advertising and commerce. An actual ban or shutdown would lessen competition to the benefit of Meta at the cost to retailers and brands in additional advertising costs, as well as the potential of all the lost equity in building their TikTok presences.” He also mentioned that it could stifle innovation, considering that TikTok pushed Instagram further into social shopping. “That said, this is all about posturing,” he added. “TikTok in the U.S. is too valuable to just shut down. There will be a buyer and a transition to the U.S., and then it’s a matter of uncertainty what happens to the service, whether the costs of re-architecture get passed on to advertisers, or whether additional privacy protections will be needed that hurt ROAS.”

Mark Price discussed what will happen to social media influencers, stating that “the potential ban on TikTok will cause retailers to adjust their marketing strategies to other channels, with the highest priority on Instagram. In the short term, sales driven by influencers will significantly drop until the influencers and users shift their behavior to the other channels.”

Continuing with the subject of influencers, Jenn McMillen added that “many people make their living on TikTok, in large part highlighting retailer products and services, for which they receive an affiliate fee. There’s no denying the influence TikTok has on the way that consumers like to shop today. Like Social Selling 2.0! The demise of TikTok will have an effect on retail since so much organic content is pushing business to retailers. Ask the makers of Stanley cups.” She went on to discuss not just the content creators but the viewers themselves. “TikTok is excellent at reaching younger audiences, increasing brand awareness, and pushing viral content,” she explained. “Plus, it plays to consumers’ short attention spans in the form of short videos. Tutorials, previews, product launches, wear tests, unboxing — these seemingly innocuous posts are the retail drivers that will disappear if TikTok does.”

Patricia V. Waldron also emphasized the substantial impact the TikTok ban could have, stating that it “would significantly affect influencers, user-generated content, marketing, and social selling, especially for brands targeting the millennials and younger cohorts.”

However, Richard Hernandez believes retailers will just move on to something better if TikTok gets banned. He mentioned how they see the platform as “a marketing tool for customers, especially Gen Zers who like to hear information in short spurts.” He added, “When a communication method becomes saturated, retailers find that next big thing. It has been Snapchat, Facebook, Pinterest, Instagram, etc. What will it be next?”

According to Jeff Sward, “Congress seems to have lost all capacity to enact nuanced solutions to complicated problems. Yes, I believe them when they say there are potential national security problems. But it’s not like that issue came up three weeks ago.” He emphasized that this topic has been debated for years now, asking, “The best we can do is just ban the whole thing? Ban one of the most popular social and business sites that exists? What about all the data being collected by Alibaba, SHEIN, and Temu? Zero national security issues there?” He went on to say that a ban may be necessary at some point if other solutions don’t pan out, but he wondered, “Where is the conversation about more nuanced, surgical solutions, however drastic they may need to be?”

James Tenser also has reservations about the bill, noting that he has “zero confidence in our politicians’ understanding of the deep cultural impact of complex media technology.” He added, “It sets a worrisome precedent for our government to force the sale of a foreign-owned business it doesn’t like without due process. It singles out one (allegedly) bad actor, rather than defining foundational protective principles that would apply to any content-sharing platform.”

Robert Amster shared his thoughts as well, stating, “What our government wants to prevent is for the data collected to be given to another country to be used against the U.S. There is a big difference between collecting data — every U.S. retailer wants as much data on its customers as they can get — and collecting it to give it to a geopolitical enemy.” He also said there is a difference between “the government intervening to protect the people at large from existential threats to national security and banning newspapers and apps and selected media to keep them from reaching the people for a dictator’s own purpose. The people themselves have to be able to tell the difference and make that decision.”

The bipartisan bill aimed at regulating TikTok marks a significant milestone in the ongoing scrutiny of the popular social media platform. While lawmakers argue for national security concerns and the need for TikTok to sever ties with ByteDance, the platform and its supporters contend that the legislation threatens freedom of speech and will disrupt businesses, particularly retailers and influencers heavily reliant on its reach. The diverse perspectives shared by industry experts underscore the far-reaching implications of a potential TikTok ban, from shifts in marketing strategies to the redistribution of social media influence.

Discussion Questions

What strategies can retailers adopt to mitigate the impact on their marketing efforts and customer engagement?

In light of the bipartisan bill’s focus on national security concerns, how should retail industry leaders balance the need for consumer privacy and data security with the imperative to leverage emerging social media platforms for business growth?

Given the increasing reliance on influencer marketing and user-generated content, what lessons can retailers draw from the TikTok controversy to future-proof their digital marketing strategies and adapt to evolving regulatory landscapes?

Poll

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Neil Saunders
Famed Member
2 months ago

From a constitutional standpoint, I think a TikTok ban is problematic. There is a potential conflict with First Amendment protections, both for end-users and for platforms that offer the TikTok app. Congress can pass whatever legislation it likes and the President can sign it, but it does not prevent it from being challenged and struck down. If challenged, the government will need to demonstrate a very clear and tangible national security risk; it cannot assert vague concerns or non-specific threats. It must also demonstrate that a ban is the only and least restrictive way of addressing those concerns. Those are both high bars to clear, and rightly so.
 
On the commercial side, the banning of TikTok would close down a channel that more and more retailers have been using to drive sales. It would also effectively put an end to the TikTok shop. Most big retailers are not overly reliant on TikTok, but some smaller brands use it extensively. Over time, spend and effort will shift to other social platforms, but there will certainly be some short term disruption and pain.

Rachelle King
Rachelle King
Active Member
2 months ago

The legal aspect may be complex here but the media investment strategy is not. Most retailers and brands have funds earmarked for social media (in general) where each platform gets their fair share of said funds (hopefully).

If TikTok is banned, those media investments dollars would likely move to another social media platform (eg Facebook, YouTube etc) or potentially to Retail Media. I don’t expect retailers and brands will be harmed, especially considering the number of times advertising on Facebook has fallen in and out of favor and the world has managed to survive.

However, Influencers who make a living on TikTok may want to start evaluating some alternate forms of income (whether the ban happens or not). There is little upside to marrying a single social media platform these days.

Finally, it’s consumers (TikTok users) who will be most impacted by a ban. Sadly, it’s also the average US consumer who is likely least informed about the potential ramifications that the US government is attempting to address by the House decision today. This is cause for concern as this space is likely where most protest will generate; informed or not.

To that end, and given how fast technology moves today, it would not surprise me if there were a TikTok2 on some well-intended but dimly lit drawing board right now.

All eyes will be watching the Senate now but I caution to watch consumers. In the end, they will have the final say.

Jeff Sward
Noble Member
2 months ago

TikTok has taught us some powerful lessons about the ecommerce business. Those lessons will live on and migrate to other platforms if TikTok were to be banned. And surely there are other versions of TikTok in development as we speak. How could there not be? Markets don’t look at that kind of success and just shrug their shoulders. What about Alibaba and Shein and Temu. No security risks there? One ban doesn’t solve what has to be a plethora of potential risks. Why isn’t Congress dealing with the risk problem head on? And then also solve the obvious business problem created by the de minimis rules. Why isn’t anybody worried about the billions of dollars being siphoned out of the USA retail ecosystem? And in the process we don’t collect any taxes, duties, tariffs or fees. It all just sounds mind numbingly stupid to talk about a ban that doesn’t solve the business problems and then not talk about the obvious problems that will still require solutions even if the ban goes into effect. De minimis doesn’t seem to be so de minimis anymore.

Gary Sankary
Noble Member
Reply to  Jeff Sward
2 months ago

Temu is at least as big of an issue as TikTok, as it bypasses the phone’s user settings to harvest use, location, and browsing data, in violation of Apple Store and Google Play policies.

Gene Detroyer
Noble Member
Reply to  Jeff Sward
2 months ago

I like “numbingly stupid.” You are on target, Jeff.

Neil Saunders
Famed Member
Reply to  Jeff Sward
2 months ago

Exactly. The de minimis rule is far more of an issue in the creation of a crooked playing field.

Kai Clarke
Kai Clarke
Active Member
2 months ago

The TikTok ban is a simple best business practices ban used to offer protection to the USA as well as its citizens. We have identified it as a risk, and this bill clarifies a solution and how TikTok can move forward in the USA. TikTok is a product, not a right. Its current form challenges our dated approach to online communications, which in its entirety is practically non-regulated. This bill seeks to regulate how TikTok and others should be regulated and offers a reasonable solution.

Gary Sankary
Noble Member
Reply to  Kai Clarke
2 months ago

You are 100% correct; it’s not a right, it’s a product. Well said.

Neil Saunders
Famed Member
Reply to  Gary Sankary
2 months ago

TikTok is not a right. But then neither is being able to read The New York Times or watch CNN. Would it be OK for the government to ban those conduits of speech and expression? The point here is that the right does not apply to individual channels of communication, the right is a right of non-interference from government in speech. How that is interpreted is, of course, open to debate, but the Supreme Court has made it clear in the past that banning things on national security grounds needs to be based on very, very specific threats and not general paranoia. I doubt this bill jumps over those hurdles.

Lucille DeHart
Active Member
2 months ago

The dissolution of Tik Tok needs to happen and is probably several years too late. Our government not only has the right, but the obligation to protect its citizens and the platform’s direct ownership by Communist China is a threat on many levels. The use of the word “ban” is not completely accurate, the legislation calls for the dissolution of the CCP ownership. This leaves a huge opportunity open for a domestic investor/company to step in and resume business. Retailers/advertisers need to prepare for short-term impact to their media plans by divesting and diversifying their spend. I see Meta benefitting the most as Instagram will pick up business.

Gene Detroyer
Noble Member
Reply to  Lucille DeHart
2 months ago

I wish Congress were more concerned about the NSA or Pentagon breaking written laws regarding data collection.

Bob Phibbs
Trusted Member
2 months ago

The goal is for them to sell it to a US-based entity. The owners won’t give up 200B in value. The algorithm they use, while great, also threatens US security. No one will lose anything. TikTok will still be there

Paula Rosenblum
Noble Member
2 months ago

I’m sure I’m in the deep minority here, but I think the Congress has more important things to focus on than an app. This is a waste of everyone’s time, and it is going to cost small retailers money. Large retailers will just move their spend. The independents, and start ups may not have that spend.

Paula Rosenblum
Noble Member
Reply to  Paula Rosenblum
2 months ago

I guess it’s okay if US based entities harvest our information like crazy. Facebook good…..TikTok bad, it’s so primal.

Paula Rosenblum
Noble Member
Reply to  Paula Rosenblum
2 months ago

This just in…
Steve Mnuchin is putting together a group to buy TikTok. I feel so much more secure now, don’t you?

Gene Detroyer
Noble Member
Reply to  Paula Rosenblum
2 months ago

I am with you, Paula. But this does make the front page and a discussion on RetailWire.

Neil Saunders
Famed Member
Reply to  Paula Rosenblum
2 months ago

I am in agreement with you, Paula. This is a non-issue. If it needs to be covered then it should be part of a general review of data protection and data rights legislation.

Brian Delp
Member
2 months ago

This seems more a game of chicken than an actual effort to ban TikTok. Retailers should already be rethinking their social strategies given the increased scrutiny of mental health impacts and security risks. The rise and allure of TikTok shop is hard to ignore, but content strategies should be developed with multi-aspect ratios to prepare for likely pivots during this state of fluctuations.

Gene Detroyer
Noble Member
2 months ago

The paranoia is palpable.

Actually, I don’t think these politicians know, understand, or comprehend technology. This is all theater. It must be an election year. There is also a bill in development to ban Chinese electric vehicles for security reasons. (Notably, Teslas have been banned from entry at government-affiliated venues in China since 2023, even if made in China.) Nobody seems to be talking about Telegram, headquartered in Dubai and Russian-owned.

As an American, I am more concerned about data collected by the NSA and Pentagon. The illegality of this doesn’t stop the agencies from doing it. Who will enforce it?

Is this move against TikTok the first step in building The Great American Firewall? For what it is worth if TikTok is popular with a segment of users, they will find a way to access it. China can’t stop citizens from accessing any of its banned apps.

Also, be assured that TIKTOK2, 3, and 4 are also in development and probably ready to launch. The internet knows no borders.

Neil Saunders
Famed Member
Reply to  Gene Detroyer
2 months ago

I agree with you, Gene. There is a lot of paranoia here.

Gary Sankary
Noble Member
2 months ago

TikTok, Temu- the US Government has an obligation to protect itself and its citizen’s data. This is absolutely the right move, in my opinion. Sadly, it’s probably too late. As far as disruption to business, call me jaded, but we’ve known that TikTok has been a problem for a long time, and yet, like X, businesses continue to use it because it’s so lucrative. I’m not very sympathetic to an organization that engages with known bad actors and then cries foul when they’re called out for it or when the law intervenes.

Scott Norris
Active Member
Reply to  Gary Sankary
2 months ago

Though, it is noticeable how empty X is becoming recently. Airline customer service is most of the feed I see there now – while Bluesky and Threads are really perking up. Retailers and influencers will make the move & hopefully spread out their activity so as to not be so dependent on any one platform.

Mark Self
Noble Member
2 months ago

You can ban it. You can force a sale. You can do whatever you want, but TikTok or some substitute will continue to be a social media force, sadly. Sadly because the negative effects on heavy users are starting to be extremely well documented. The Free Press has been following this story for a while, along with books like “The Coddling of the American Mind”.
In spite of the harm, the genie is out of the bottle. As for China using this data “nefariously” that may or may not be a national security risk but selling TikTok will simply force them to find another way to do something similar.

Gene Detroyer
Noble Member
Reply to  Mark Self
2 months ago

To your last sentence…be assured China has developed technological and sophisticated spying tools that could not be executed on a TikTok platform.

Last edited 2 months ago by Gene Detroyer
Ananda Chakravarty
Active Member
2 months ago

While the TikTok ban seems to be tangential to the market, there are retailers that have leaned in, such as Davids Bridal- where their customers are on the platform, sharing product, showcasing wares. A halt in the media means a shift to other media and alternatives over time- think Instagram, YouTube shorts, or even new players. The model TikTok represents is important because it’s already been adopted. For certain retailers, this is community building, business building. However, the ban will be a pothole on the broader retail road and will only affect select retailers with vested interests in TikTok demographics. The trade off- citizen privacy, security, and foreign interest control matter as well- and clearly our leaders need to balance this decision by determining if there is a genuine threat.

John
2 months ago

It’s not just the data. It’s the platform. Have you compared the US version of the platform to the China version? Completely different content. Completely different agenda.

Bob Amster
Trusted Member
2 months ago

First, Libertarians do not want government to tell them what apps to use or to which apps they will not have access. That is their argument for not banning Tik Tok. Well, there is a difference between the government intervening to protect the people at large from existential threats to national security and a dictatorial government banning newspapers and apps and selected media to keep the truth from reaching the people. The people themselves have to be able to tell the difference and make that decision.

Second, demanding that the Chinese parent divest itself completely of Tik Tok in the US would enable US citizens to access the app and all its (supposed) glory with no impact to retailing as an industry. That should satisfy both the Libertarians and those in charge of national security whose constitutional responsibility is to protect the people from nefarious external influences and threats. The CIA does that every hour of every day.

Third, a reporter on the news today categorically commented that a US version of Tik Tok would not be allowed by the Chinese to have the algorithms that make Tik Tok what it is. That is not necessarily true. What our government wants to prevent is for the data collected to be given to another country to be used against the US. There is a big difference between collecting data – every US retailers wants as much data on its customers as they can get – and collecting it to give it to a geopolitical enemy.

Last edited 2 months ago by Bob Amster
Neil Saunders
Famed Member
Reply to  Bob Amster
2 months ago

In which case, why not enact general data protection legislation? That is the question the Supreme Court will surely ask if and when this gets challenged. Restrictions on any channel of communication have to be proportionate and reasonable; courts have traditionally taken a dim view of blanket bans and restriction.

Richard J. George, Ph.D.
Active Member
2 months ago

This is a congress that last year passed the fewest amount of legislation (20 bills) in the history of our country & many of those were the naming of post offices after members of congress. We have the ongoing border situation, the crises in Ukraine & Gaza & now Haiti. This is the best they can do??? As noted be other Braintrust members, this ban creates several problems that should be placed behind the real issues confronting this country.

Carlos Arambula
Carlos Arambula
Member
2 months ago

Keep in mind that the consumer market is dynamic. While TikTok’s younger audience and influencers might express discontent, they’ll likely migrate to alternative platforms, drawing advertisers with them. Additionally, there are more effective platforms for targeting adults with disposable income than TikTok.
I support the bipartisan bill, but I advocate for comprehensive regulation of all social media platforms, recognizing them as essential public utilities. National security concerns extend both domestically and internationally.
Effective marketers diversify their media strategies. They understand their audience and tailor their media plans accordingly while remaining mindful of, and sometimes driving the regulatory frameworks.

Brad Halverson
Active Member
2 months ago

If a TikTok ban proceeds, the government must have clear evidence the United States of America faces national security dangers in allowing it to operate as an App in this country. Otherwise, it’s a political football and an abuse of first amendment rights by Americans.

Retailers of all sizes and kinds must prepare now to shift marketing resources to other social media platforms in anticipation of some sort of disruption or alteration of service. While the customers will be unhappy at the loss of this platform, retailers must be ahead of this curve to stay relevant with customers.

Last edited 2 months ago by Brad Halverson
James Tenser
Active Member
2 months ago

The TikTok crackdown is cynical political theatre by politicians who want to appear tough on China. But let’s face it – personal privacy died with AOL.

We can fairly assume that every entity that accumulates large troves of consumer data will eventually be penetrated by cyber-espionage (if if hasn’t already). That includes every digital retailer, social platform and financial entity. Breaches happen all the time and I’d wager that every individual reading RetailWire has received at least one notification that their identities are exposed in the dark web.

Forcing the sale of TikTok to U.S. investors might feel good for a minute, but I’m not convinced it will do anything to protect consumers. It’s simply too late.

BrainTrust

"This seems more like a game of chicken than an actual effort to ban TikTok. Retailers should already be rethinking their social strategies..."

Brian Delp

CEO, New Sega Home


"TikTok is a product, not a right. Its current form challenges our dated approach to online communications, which in its entirety is practically non-regulated."

Kai Clarke

CEO, President- American Retail Consultants


"The ban will be a pothole on the broader retail road and will only affect select retailers with vested interests in TikTok demographics."

Ananda Chakravarty

Vice President, Research at IDC