United States of America: Signed Act Banning TikTok in Montana (SB 419)

On 17 May 2023, the Act Banning TikTok in Montana (SB 419) was signed into law by the Governor of Montana. The Act prohibits the operation and availability in app stores of TikTok in Montana. The entities infringing this provision are liable for USD 10'000 for each discrete violation, and for each day the violation continues, as long as they could have reasonably known that the violation was happening within the jurisdiction of Montana. The Act defines discrete violations as each time a user accesses TikTok, is offered the ability to access TikTok, or is offered the ability to download TikTok. The penalties apply to mobile application stores and TikTok itself, but not consumers. The Act will be void if TikTok is acquired by a company established in a country or a person that is not designated as a foreign adversary. The foreign adversaries include China, Cuba, Iran, North Korea, Russia and Venezuelan politician Nicolás Maduro. The Act will come into force on 1 January 2024.