The U.S. House of Representatives on Wednesday passed a bill in a lopsided manner that would require TikTok's parent company ByteDance to sell the popular video app to non-Chinese owners within six months or be banned in the United States.
Lawmakers and President Joe Biden, who has vowed to sign the bill, have argued that ByteDance's relationship with China poses a national security threat.
The potential banning of TikTok's 170 million U.S. users from the site could have far-reaching implications for travel companies looking to build brand awareness among travelers through the site's wildly popular short videos. There is sex.
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The travel industry has embraced this site. Companies with the most followers on TikTok include Ryanair with 2.2 million followers, Expedia and Trip.com with 1.5 million, and Booking.com with 1.2 million. When Berlin-based GetYourGuide posted a job listing for a TikTok creator, it generated so much interest that the digital travel experience marketplace pulled job listings from LinkedIn.
The bill faces an uncertain future in the Senate, where some members oppose it. And even if this bill becomes law, it is likely to cause legal problems.
What does the TikTok ban mean for travel companies?
There is some precedent for that possibility.
In December 2022, Virginia Governor Glenn Youngkin issued an executive order banning the use of TikTok on state government devices and wireless networks. This means the Virginia Department of Tourism, the state's destination marketing organization, had to delete the account.
The incident became something of a case study for Richie Karabrun's destination marketing and branding class. “They were actually doing well,” Karabrun, a professor of hospitality and tourism at New York University, said of the DMOs. “They had a huge following.”
After the ban, the Virginia Department of Tourism moved content to other sites such as Instagram Reels and YouTube Shorts, something Karabrun expects other travel companies to do if the TikTok ban becomes nationwide. There is. But he doesn't expect it to be easy or very profitable, especially in the short term.
“Whether people want to admit it or not, TikTok is one of the most effective traffic generation tools. Engagement rates are among the highest among Americans compared to other Americans. [social media platforms],” he said. “This is actually over an 800-pound gorilla. It's a very large beast and it actually performed very well.”
TikTok is one of the most effective traffic generation tools, whether people admit it or not.
Richie Calabrun – New York University
Madeline List, a researcher at Focuslight, said U.S. travelers who use TikTok typically don't rely solely on TikTok. According to Phocuswright's research in her 2023 U.S. Consumer Travel Report, travelers on social use an average of 2.4 platforms, making it easier for travel companies to find travelers even if they can't use TikTok. Ta.
“From a content strategy perspective, a lot of the content that brands post on TikTok is repurposed across multiple platforms,” List said. “Vertical and short-form videos have become so popular that we expect to see more brands continue to create content in this style.”
Jared Alster, co-founder and chief strategy officer of travel and tourism marketing agency Dune7, agrees.
“Many travel brands and brands in general are repurposing content across social platforms,” Alster says. “However, this is not always recommended as each platform is optimized to allow consumers to view content uniquely formatted for that platform. I imagine they will simply port their TikTok content to Instagram as Reels as a 'triage measure' until they can come up with a better strategy.”
In the long run, List said, companies may find it difficult to replicate some of the quality that TikTok offers on other sites.
“This is a platform focused on searchability and discoverability,” she said. “We see videos from small creators blowing up, even videos from people and brands who had no intention of going viral. There are many opportunities to reach out to people.”
In contrast, Instagram is known for having less equality in its algorithm, she says. “Profiles with a large number of existing followers are preferred, while profiles with a small number of followers are less exposed to new eyes. Therefore, building an audience without a platform can be difficult, especially for smaller brands. There is a possibility that it will.”
What are the legal concerns of the TikTok ban?
Legal experts say the government would need to prove a security risk to justify such a blanket ban. U.S. intelligence officials told lawmakers on Tuesday that they “cannot rule out” the possibility that the Chinese government could use TikTok to influence this year's election, but there are no signs that Beijing has such intentions. There was no such thing.
Colin Mullen, a New Jersey-based lawyer specializing in First Amendment and Internet defamation litigation, said the government's position is problematic.
“If this becomes law, I think there will be some filings soon,” she said.
There has never been a situation in which Americans were prohibited from using any news media.
Colin Mullen – Mullen Law Firm
In November, a federal judge blocked a Montana law that would have banned TikTok in the state.
And on Tuesday, Columbia University's Knight First Amendment Institute and the American Civil Liberties Union joined 22 other free speech, technology policy, and civil liberties groups in sending a letter of opposition to Congress. They argued that the ban violates the First Amendment rights of TikTok users and called on Congress to pass a comprehensive privacy bill instead.
The bill is “censorship, plain and simple,” the letter said, adding, “If passed, it would trample on the constitutional right to free speech for millions of Americans. TikTok is home to a wealth of protected speech and associations. TikTok allows users to discuss their opinions, share their hobbies, create art, and keep up with news from around the city and around the world. “By jeopardizing access to the platform, you are jeopardizing access to freedom of expression.”
Mullen said users' use of TikTok as a news source could make the government's claims even more problematic.
“There has never been a situation in the United States where Americans were prohibited from accessing the news media,” she said. “I understand the legitimacy of trying to ban it on official calls. …They have already banned TikTok from existing [U.S.] Official work phone. But how you can ban its use on private phones is a really, really questionable question. ”
How will travel companies function under the TikTok ban?
Mullen said he expected that even if the ban becomes law and survives legal challenges, U.S. companies may continue to use TikTok to market to consumers who still have access to the site. .
Travel marketing experts agreed.
“All kinds of social apps and sites are banned by various governments around the world,” said Dune7's Alster. “But where there's a will, there's a way, and there will always be loopholes for consumers to access TikTok.”
Karaburun said travel companies in particular are used to adjusting to different government regulations when crossing borders.
“Global companies are used to navigating these differences,” he says. “They say, 'Okay, we have to do this for European consumers, we have to do that for Americans.'” It won't be easy, but they It will solve that. ”
But ultimately, he believes a ban is far less likely than the bill never taking effect or TikTok being sold within the deadline set by lawmakers.
“TikTok will not be banned” [in the U.S.]. “That's too big, 170 million Americans,” he said. “And it's good for the American economy. So my prediction is that even if the Senate passes it, the problem will be resolved within six months.”