Navigating the TikTok Ban

This is a developing story. Please bookmark this tab—we will update this blog post as new information becomes available.

Last update: 4/7 5:30 p.m.

As a savvy arts marketer, you’ve likely been following the news about the beloved video app, but may not be sure what it all means for your organization. Here’s what we know, don’t know, and recommend as of now.

Key Dates:

Late 2024: TikTok’s parent company, ByteDance, was faced with a difficult choice: to sell the company by January 19, or be effectively banned in the U.S.

January 10: The Supreme Court heard legal challenges by ByteDance and arguments that banning the app violated the First Amendment.

January 17: the Supreme Court ruled in favor of banning the app if not sold to an American buyer by January 19, concluding that a ban did not infringe upon Constitutional rights.

January 18-19: TikTok became inaccessible in the U.S. late on January 18, only to be restored on January 19—for existing users only—with a message that TikTok was back “as a result of President Trump’s efforts.” The app is removed from the App Store but functioning for existing users, along with CapCut and other apps owned by ByteDance. It’s not yet clear how Trump will address the ban moving forward.

February 13: TikTok and CapCut are restored in app stores on a 75-day extension.

April 2: The White House meets to discuss the future of TikTok ahead of April 5, the first extension by which the app must be sold or banned. There are companies with their hats in the metaphorical ring with more emerging by the hour, but ByteDance stated it won’t approve a sale unless the algorithm remains—which was the reason for the ban in the first place.

April 5: TikTok ban is delayed another 75 days.

June 19: The second ban deadline by which the app must be sold or banned.

What We Know

Access is Uninterrupted

The new ban extended access until June 19. The app is still available in App stores.

Advertising on TikTok

With the original ban in January, TikTok paused ad campaigns for 12-14 hours starting late in the day on January 18, through the afternoon of January 19. Campaigns were then automatically restarted, once the app was accessible again. Advertising has been running normally since and we expect it to continue through the next ban deadline of June 19.

Legality: The new laws can be confusing for advertisers, but it’s OK to keep advertising. Here’s a breakdown:

• Protecting Americans from Foreign Adversary Controlled Applications Act: The law is clear that advertisers and content creators are not subject to the Ban Act: The Act’s prohibitions apply to entities that distribute, maintain, or update TikTok “by means of a marketplace” or enable the distribution, maintenance, or updating of TikTok by providing “internet hosting services.” Advertisers & content creators do not meet either of these definitions, so the Act’s prohibitions do not apply to them.
• Executive Order: Trump’s Executive Orders delaying the ban (January& April 2025 ), prohibit action “to enforce the Act or impose any penalties against any entity for any noncompliance with the Act” during both 75-day extension periods. That means that even if the Act’s prohibitions applied to advertisers and content creators (which it does not), they can continue to advertise/post freely on TikTok until June 19, 2025.

What We Don’t Know

What happens if TikTok sells

If the app is sold, its future is still hazy. Severing ties with ByteDance would also sever ties with TikTok’s famed algorithm—also the crux of its national security concerns—and would likely look and function differently under new ownership.

Action Items For You

1. Create a Contingency Plan

If your organization relied on TikTok for marketing or communications, it’s time to pivot. Consider alternative platforms such as:

• Instagram Reels: This platform is familiar and widely used.
• YouTube Shorts: A strong alternative with a large user base and global reputation.

2. Plan to End Paid Campaigns by June 19

Paid campaigns did not end on January 19 or April 5 as previously anticipated. With the ban’s 75-day extension, campaigns may continue running through mid-June.

3. Save Your TikTok Content

If you create your TikToks directly in the app and do not have copies saved, download your TikTok videos without a watermark to ensure you can repost them on other platforms.

4. Download Your TikTok Analytics

Export your TikTok analytics data. While it is uncertain how useful this information will be in the future, having it on hand for now is better than losing it altogether if things change.

5. BECOME FAMILIAR WITH CAPCUT ALTERNATIVES

While CapCut functionality is restored for most existing users, it’s in the same metaphorical boat as TikTok. Now is a great time to investigate other options for editing video—just in case.

We know this is a challenging and disappointing time for arts organizations that have cultivated engaged audiences on TikTok. Stay connected with us as we continue to monitor this situation and provide updates. Together, we can find creative solutions to sustain your digital marketing efforts.