Montana's House of Representatives voted 54-43 on Friday to ban the social media app TikTok, making it the first state with a total ban on the app if Republican Gov. Greg Gianforte signs it into law. The bill would prohibit downloads of TikTok and fine any "entity" – an app store or TikTok – $10,000 per day for each time someone offers access or download capabilities. If approved, this measure will not take effect until January 2024.
Gov. Gianforte has already banned TikTok from government-owned devices but declined to say whether he will sign the current legislation. This move goes further than prohibitions in nearly half of U.S states and by the U.S federal government that only prohibit usage on government-funded devices.
A spokesperson for TikTok challenged the constitutionality of this measure and said its supporters “have admitted that they have no feasible plan” to enforce “this attempt to censor American voices.”
National security concerns over ties between China and popular apps like Tiktok have led other countries such as Australia and India also banning them from certain devices or entirely within their borders.
The American Civil Liberties Union (ACLU) voiced opposition against Montana's proposed ban stating it would “trample on Montanans’ constitutional right to freedom of speech.”
In response to growing international concern regarding data protection issues related directly with foreign-based applications like these, several European governments are currently reviewing policies surrounding recreational apps such as Tiktok being allowed onto work-related platforms owned by employees working within sensitive sectors.
Representative Sarah Johnson (R-Montana), who voted in favor of banning Tiktok stated: "Our citizens' privacy must be protected at all costs; we cannot allow potential adversaries access through seemingly innocent social media platforms."
On another side, Representative Mike O'Hara (D-Montana) expressed his concerns about the legislation, saying: "While I understand the need to protect our citizens' data, we must also consider their constitutional right to freedom of speech. It is a delicate balance that needs careful consideration."