TikTok creators fear for their livelihoods after U.S. lawmakers pass bill that could lead to ban
TikTok creators gather before a press conference to voice their opposition to the “Protecting Americans from Foreign Adversary Controlled Applications Act,” pending crackdown legislation on TikTok in the House of Representatives, on Capitol Hill in Washington, U.S., March 12, 2024.
Craig Hudson | Reuters
Ophelia Nichols, known as “shoelover99” on TikTok, is among the scores of online creators and influencers whose livelihood has been suddenly thrown into potential chaos.
Nichols, who lives in Alabama, has over 12.5 million followers on TikTok, an app she uses for creating lifestyle content and delivering rants in her deep Southern accent. Her posts can attract millions of views, and she makes most of her money through promotional partnerships with brands like Home Chef.
But after this week’s actions in Washington, D.C., Nichols doesn’t know what happens next.
On Wednesday, President Biden signed a bill forcing the divestiture of TikTok from Chinese parent ByteDance or else it could face a national ban. The legislation passed the Senate on Tuesday alongside a package to provide billions of dollars in aid to Israel, Ukraine and Taiwan.
“TikTok allows small businesses and creators to find their people in their community,” Nichols told CNBC, ahead of the bill’s signing. “It gives everybody the opportunity to be able to provide for their family in a way that they have probably never provided for their family before. It has changed people’s lives.”
A ban could take years, and TikTok is likely to challenge it in court. But in the meantime, there’s a lot of uncertainty.
Small and mid-sized businesses that used TikTok supported 224,000 jobs, according to an Oxford Economics study paid for by TikTok. These businesses generated nearly $15 billion in revenue and contributed $24.2 billion to the U.S. gross domestic product in 2023, the study said.
Nichols joined a number of other TikTok creators in traveling to the Capitol to oppose a potential ban. She wanted to speak out against it and explain to lawmakers how she runs her business using the app. Nichols said TikTok didn’t ask her to join the protest.
“You’re taking away our First Amendment rights,” Nichols said. “People don’t understand. This is a community. It’s a family. Whatever it is that you enjoy or that makes you smile, you will find someone else on the app that loves that too.”
According to the CNBC All America Survey from March, 47% of participants supported a ban or a sale, while just over 30% opposed a ban.
TikTok hosts over 585,000 posts, predominantly consisting of videos, under the hashtags #KeepTikTok and #SaveTikTok, where users vocally oppose the ban. Many testimonials underscore TikTok’s significant role in providing online entertainment, while others implore the preservation of the current platform, crucial for their livelihoods.
The effort stems from ByteDance’s $7 million marketing strategy to mobilize American opposition against the ban. Tactics ranged from heartfelt testimonial videos featuring TikTok CEO Shou Zi Chew to in-app banners advocating for users to call their senator, and even physical protests staged outside the Capitol.
Following Biden’s signing of the bill on Wednesday, TikTok called the measure unconstitutional and said it will challenge the law in court.
“We believe the facts and the law are clearly on our side, and we will ultimately prevail,” the company said in a post on X. “This ban would devastate seven million businesses and silence 170 million Americans.”
Lawmakers have long argued that TikTok is a national security threat to the U.S., on the grounds that the Chinese government could use TikTok data to spy on American users and spread disinformation and conspiracy theories.
‘You can still move forward’
Senator Markwayne Mullin, R-Okla., told CNBC’s “Last Call” on Tuesday that the legislation isn’t a ban, but just a requirement that TikTok separate itself from ByteDance.
“You can still keep the platform, you can still move forward,” Mullin said. “But the Chinese Communist Party is using the algorithm, which they developed, for ByteDance, for TikTok, and the servers that they use to be able to push out their propaganda.”
TikTok creators and influencers, living far out of the realm of politics, have a very different concern.
Many users of the app have struggled to obtain similar audiences on other platforms. Creators say that each platform is different, with its own audience and interests, and TikTok’s algorithm makes it easier for their videos to get discovered by a larger audience.
“People say, ‘If we shut down TikTok, they’ll go follow you on Meta,’ which is not true,” said V Spehar, host of “Under the Desk News,” a short-form news show with over 3 million followers on TikTok, in an interview with CNBC. “And it’s not true for so many people. Otherwise, we would.”
Shou Zi Chew, CEO of TikTok, speaks to reporters outside the office of Sen. John Fetterman (D-PA) at the Russell Senate Office Building on March 14, 2024 in Washington, DC. The House of Representatives voted to ban TikTok in the United States unless the Chinese-owned parent company ByteDance sells the popular video app within the next six months.
Anna Moneymaker | Getty Images
TikTok offers various avenues for monetization, including its Creativity Program, designed to reward popular videos that are longer than a minute. Additionally, creators can generate revenue through brand partnerships, affiliate sales via TikTok Shop, and receiving virtual “gifts” from followers during livestreams.
Competing platforms have tried to encourage users to post their short-form videos to their platforms. Last year, YouTube Shorts changed its monetization program, offering users 45% of ad revenue across multiple posts. However, users said the payouts weren’t as high as on long-form videos.
“The culture of each platform is different,” said Spehar. “The discoverability algorithm is different. The saturation is different. Trying to break into YouTube is really hard because it’s such a saturated market.”
It’s gotten harder elsewhere, too. Last year, Meta shut down its program to pay short-form video creators on Instagram and Facebook. Creators have complained that they don’t make anything while receiving hundreds of thousands of views on the app. However, Instagram head Adam Mosseri hinted that the program might come back in 2024.
Tony Youn, a plastic surgeon with 8.4 million TikTok followers, said finding a big audience is difficult. His videos on everything from weight loss and plastic surgery to funny clips about sitting in traffic are often viewed hundreds of thousands of times.
“I have purposely diversified just because it’s something, as a business person, I know you have to do,” Youn said. “But not everybody has done that.”
Youn added that part of his anger with the TikTok bill has to do with the fact that there are “people who have much smaller voices than myself who are going to get really hurt by this if this happens.”
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Boaz Weinstein, founder and chief investment officer of Saba Capital Management, during the Bloomberg Invest event in New York, US, on Wednesday, June 7, 2023.
Jeenah Moon | Bloomberg | Getty Images
Boaz Weinstein, the hedge fund investor on the winning side of JPMorgan Chase’s $6.2 billion, “London Whale” trading loss in 2011, is now taking on index fund giant BlackRock.
On Friday, Weinstein‘s Saba Capital detailed in a presentation seen by CNBC its plans to push for change at 10 closed-end BlackRock funds that trade at a significant discount to the value of their underlying assets compared to their peers. Saba says the underperformance is a direct result of BlackRock’s management.
The hedge fund wants board control at three BlackRock funds and a minority slate at seven others. It also seeks to oust BlackRock as the manager of six of those ten funds.
“In the last three years, nine of the ten funds that we’re even talking about have lost money for investors,” Weinstein said on CNBC’s “Squawk Box” earlier this week.
At the heart of Saba’s “Hey BlackRock” campaign is an argument around governance. Saba says in its presentation that BlackRock runs those closed-end funds the “exact opposite” way it expects companies to run themselves.
BlackRock “is talking out of both sides of its mouth” by doing this, Saba says. That’s cost retail investors $1.4 billion in discounts, by Saba’s math, on top of the management fees it charges.
BlackRock, Saba says in the deck, “considers itself a leader in governance, but is crushing shareholder rights.” At certain BlackRock funds, for example, if an investor doesn’t submit their vote in a shareholder meeting, their shares will automatically go to support BlackRock. Saba is suing to change that.
A BlackRock spokesperson called that assertion “very misleading” and said those funds “simply require that most shareholders vote affirmatively in favor.”
The index fund manager’s rebuttal, “Defend Your Fund,” describes Saba as an activist hedge fund seeking to “enrich itself.”
The problem and the solution
Closed-end funds have a finite number of shares. Investors who want to sell their positions have to find an interested buyer, which means they may not be able to sell at a price that reflects the value of a fund’s holdings.
In open-ended funds, by contrast, an investor can redeem its shares with the manager in exchange for cash. That’s how many index funds are structured, like those that track the S&P 500.
Saba says it has a solution. BlackRock should buy back shares from investors at the price they’re worth, not where they currently trade.
“Investors who want to come out come out, and those who want to stay will stay for a hundred years, if they want,” Weinstein told CNBC earlier this week.
Weinstein, who founded Saba in 2009, made a fortune two years later, when he noticed that a relatively obscure credit derivatives index was behaving abnormally. Saba began buying up the underlying derivatives that, unbeknownst to him, were being sold by JPMorgan’s Bruno Iksil. For a time, Saba took tremendous losses on the position, until Iksil’s bet turned sour on him, costing JPMorgan billions and netting Saba huge profits.
Saba said in its investor deck that the changes at BlackRock could take the form of a tender offer or a restructuring. The presentation noted that BlackRock previously cast its shares in support of a tender at another closed-end fund where an activist was pushing for similar change.
At the worst-performing funds relative to their peer group, Saba is seeking shareholder approval to fire the manager. In total, BlackRock wants new management at six funds, including the BlackRock California Municipal Income Trust (BFZ), the BlackRock Innovation and Growth Term Trust (BIGZ) and the BlackRock Health Sciences Term Trust (BMEZ).
“BlackRock is failing as a manager by delivering subpar performance compared to relevant benchmarks and worst-in-class corporate governance,” the deck says.
If Saba were to win shareholder approval to fire BlackRock as manager at the six funds, the newly constituted boards would then run a review process over at least six months. Saba says that in addition to offering liquidity to investors, its board nominees would push for reduced fees and for other unspecified governance fixes.
A BlackRock spokesperson told CNBC that the firm has historically taken steps to improve returns at closed-end funds when necessary.
“BlackRock’s closed-end funds welcome constructive engagement with thoughtful shareholders who act in good faith with the shared goal of enhancing long-term value for all,” the spokesperson said.
Weinstein said Saba has run similar campaigns at roughly 60 closed-end funds in the past decade but has only taken over a fund’s management twice. The hedge fund sued BlackRock last year to remove that so-called “vote-stripping provision” at certain funds and filed another lawsuit earlier this year.
BlackRock has pitched shareholders via mailings and advertisements. “Your dependable, income-paying investment,” BlackRock has told investors, is under threat from Saba.
Saba plans to host a webinar for shareholders on Monday but says BlackRock has refused to provide the shareholder list for several of the funds. The BlackRock spokesperson said that it has “always acted in accordance with all applicable laws” when providing shareholder information, and that it “never blocked Saba’s access to shareholders.”
“What we want is for shareholders, which we are the largest of but not in any way the majority, to make that $1.4 billion, which can be done at the press of a button,” Weinstein told CNBC earlier this week.
WATCH: CNBC’s full interview with Saba Capital’s Boaz Weinstein
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