TikTok Wins Reprieve in Canada as Court Shelves Ban, Orders New Security Review
TikTok Wins Reprieve in Canada as Court Shelves Ban

TikTok Secures Temporary Reprieve in Canada as Federal Court Shelves Previous Ban Order

The Canadian subsidiary of ByteDance, which owns the popular social media platform TikTok, has received a significant reprieve from a previous federal government order that would have forced its shutdown. This development comes as the Federal Court has officially set aside the 2024 directive issued under former prime minister Justin Trudeau's administration.

Legal Proceedings and Government Consent

On Wednesday, the Federal Court made the decision to shelve the original order following a motion presented by Canada's government during TikTok's appeal process. The judge subsequently referred the matter back to Canada's Industry Minister Melanie Joly for further consideration and action.

Canada's Innovation, Science and Economic Development department confirmed its consent to this decision in an emailed statement, noting that both the government and TikTok had agreed to this course of action. The department announced it would now initiate a new national security review under the Investment Canada Act, though officials declined to provide additional commentary on the matter.

Background of the Original Order

The initial order, issued in November 2024, required ByteDance Ltd. to close its subsidiary TikTok Technology Canada Inc. This directive followed a comprehensive national security review that incorporated evidence and advice from Canada's security and intelligence agencies. Importantly, this order did not constitute a ban on the TikTok application itself, but rather targeted the company's business operations within Canadian territory.

TikTok's Response and User Base

A TikTok spokesperson expressed appreciation for the court's decision, stating that the company looks forward to "working with the minister towards a resolution." The spokesperson highlighted that TikTok maintains more than 14 million active users in Canada, representing approximately one-third of the country's total population.

The company emphasized that keeping TikTok's Canadian team operational would enable continued investment in the country, supporting millions of dollars in economic activity and preserving hundreds of local employment opportunities.

Expert Analysis and Broader Context

University of Ottawa law professor Michael Geist characterized the government's move as hitting the "reset button" on the pre-existing ban. This development occurs shortly after Prime Minister Mark Carney's recent diplomatic visit to China, where he announced a détente on tariffs and trade with President Xi Jinping.

The decision also unfolds against a backdrop of ongoing scrutiny regarding TikTok's operations and ownership structure, particularly in the United States where similar concerns have persisted since 2020. The Canadian situation represents a significant chapter in the global conversation about social media regulation and national security considerations.

As the new national security review proceeds under the Investment Canada Act, stakeholders will be closely monitoring how Canadian authorities balance technological innovation, economic interests, and security imperatives in their approach to foreign-owned digital platforms operating within the country.