TikTok ban update: What's next and how to prepare

With the deadline for TikTok’s US ban months away, the urgency for brands and influencer marketers to adapt their strategies has never been higher.

Last week’s court hearing in TikTok’s lawsuit against the US government has brought this issue to the forefront, with experts predicting a challenging road ahead for the popular platform.

In his in-depth recap, Franklin Graves dives into the critical points of the hearing, highlighting the key arguments and implications for TikTok. He points out that although the legal battle is ongoing:

“It seems unlikely that TikTok and the Creators will receive a favorable outcome”.

The lawsuit centers on the Protecting Americans from Foreign Adversary Controlled Applications Act, which raises concerns about TikTok’s data collection practices and the potential for foreign influence.

The government argues that the platform’s extensive user data poses a national security risk, while TikTok contends the Act violates the First Amendment and unfairly targets its US operations.

What’s next?

A decision to uphold or overturn the Act awaits.

While TikTok didn’t score anything close to a decisive victory in the hearing, the government didn’t leave unscathed either, leaving the outcome uncertain.

Lawyers on both sides have asked the judges to issue a decision before December 6 (a little over two months from now!). Whatever the verdict - the case will almost certainly head to the US Supreme Court.

If TikTok wins, the government would have to overturn the planned ban, allowing the platform to continue operating in the US. But even then, the government may explore other legal or regulatory avenues to address its concerns around TikTok’s data practices and national security risks.

If TikTok loses and fails to divest from ByteDance by January 2025, a US ban will become a reality.

Abigail Rekas, an attorney and legal expert in copyright, art law, and free speech, offers a nuanced (and sobering) perspective on the potential outcomes. As noted in Newsweek:

“TikTok could be sold in two ways, with or without its all-important algorithm. If forced to divest, the sale of TikTok without its algorithm could significantly affect its value and user experience. With its algorithm, it could sell for an estimated $100 billion, without it, it could drop to $30 or $40 billion.”

“Either the ban will result in TikTok withdrawing from the US market entirely, or there will be a divestiture, and it’ll be sold. If it is sold, the algorithm is very unlikely to go with it.”  

If Abigail’s analysis holds true, TikTok will either vanish from the US market or undergo a significant transformation - neither of which is an ideal scenario.

How should you prepare?

A TikTok ban would significantly impact brands and influencer marketing teams that rely on the platform’s vast reach, high engagement rates, and vibrant creator ecosystem. The immediate effects could include losing access to customers and disrupting established influencer partnerships. To help mitigate these risks, consider these simple strategies:

Evaluate and diversify platform dependencies

TikTok’s rapid growth has led many teams to prioritize it over other platforms. Now is the time to assess your platform dependencies and ensure your campaigns are spread across multiple social media channels.

Strengthen your presence on Instagram Reels, YouTube Shorts, Snapchat, and other platforms with similar content formats that resonate with your audience. Consider investing in emerging social media channels with robust creator ecosystems.

Partner with influencers across multiple platforms

Identify and collaborate with active influencers on Instagram, YouTube, and emerging platforms to maintain continuity in your campaigns. Focus on those with strong cross-platform engagement to ensure your brand remains visible, regardless of where your content is published.

Optimize content for similar formats

Short-form, vertical video content—TikTok’s forte—can easily be adapted for other platforms like Instagram Reels and YouTube Shorts. Repurpose your TikTok videos to fit these alternative formats by adjusting the length, aspect ratio, and captions as needed. Test performance on different platforms to determine where your audience engages most.

Transition TikTok followers to other platforms

A TikTok ban could mean losing direct access to a substantial portion of your audience. Create call-to-action campaigns encouraging TikTok followers to engage with your brand on other platforms. Offer exclusive content, discounts, or incentives to facilitate their migration and keep those relationships intact.

Restructure influencer contracts and content rights

Many influencer contracts are platform-specific, meaning a TikTok ban could disrupt influencer partnerships. Now is the time to review and adjust these contracts to ensure flexibility across platforms. Include clauses that allow for content repurposing or reposting on various channels. Ensure your agreements cover multi-platform rights, specifically for YouTube, Instagram, Facebook, and other social media platforms.

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Industry insights

84% of TikTok brand videos are flopping, DAIVID study reveals why

A new study has found that 84% of branded content on TikTok is underperforming, generating below-average levels of positive emotions, attention, and brand recall. Read more here

Vast majority of brands are concerned about agencies’ use of generative AI 

As brands navigate the ethical and practical implications of AI, recent research reveals that 80% are concerned about how their creative and media agency partners are utilizing this technology. Read more here

De-influencing trends: How brands can maintain consumer trust

The rise of “de-influencing” reflects a growing consumer demand for authenticity and mindful consumption, challenging brands and influencers to adjust their strategies. Ten experts share how brands can maintain consumer trust. Read more here

TikTok is crowded. Does your brand make an impression?

With TikTok becoming increasingly saturated, brands face greater challenges in capturing attention. However, content formats like interactive videos, augmented reality filters, and gamified challenges present exciting opportunities to foster engagement, drive sales, and expand into new areas like live events, and even TV or film. Read more here

Interesting reads

It’s time for marketers to speak the language of finance, not the other way round [LINK]

After keeping them at arm’s length, sports brands are opening the door to creators [LINK]

Gen Z moves on from ‘Googling’—TikTok emerges as the new search engine (gated) [LINK]

Trademarks, drinks and podcasts: How viral creators like ‘Hawk Tuah Girl’ stretch their 15 minutes of fame [LINK]

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