TikTok holds its End Of Year Event 2022 in Milan, Italy, on Dec. 13.
Claudio Lavenia | Getty Images Entertainment | Getty Images
TikTok is beginning to feel the sting of political and regulatory pressure in Europe, where the Chinese-owned app has largely evaded the scrutiny it’s faced in the U.S.
EU Commissioner of the Internal Market Thierry Breton warned TikTok CEO Shou Zi Chew in a meeting this month the bloc could ban the app if it didn’t comply with new rules on digital content well ahead of a Sep. 1 deadline.
That’s a marked shift from the EU’s near silence on TikTok, while U.S. lawmakers have been aggressive — banning the app from federal devices in December over national security concerns. A proposed bipartisan bill also seeks to block the app from operating in the U.S.
The difference with TikTok is that the app has kept out of the crosshairs of commercial interests in Europe.
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“There is no political demand for investigation into Chinese entities,” Hosuk Lee-Makiyama, the director of think tank the European Centre for International Political Economy, said in an interview in December.
“The user base of TikTok is a lot bigger than a lot of people in Europe think,” he said. But, he added, “you’re not going to look very closely if they don’t steal too much from your ad revenue.”
TikTok had about 275 million monthly active users in Europe as of December, according to Sensor Tower’s Abe Yousef, noting that’s more than one third of Europe’s population of about 750 million.
The data dragon TikTok must be placed under the surveillance of the European authorities. Europe must finally wake up.
Moritz Korner
MEP, European Parliament
TikTok was the most-downloaded social media app last year in Italy and Spain, according to data.ai, formerly called App Annie. The app held second place in France and Germany, the data showed.
WhatsApp, owned by Facebook parent Meta, ranked first among social media app downloads in France and Germany, and third in Italy and Spain, according to data.ai.
Meta reported $29.06 billion in European revenue in 2021, a region the company defined as including Russia and Turkey. In contrast, TikTok recorded turnover of just $531 million in the European Union in 2021, according to the latest available filing in the U.K. But that was well over four times what was disclosed for 2020.
“It takes a little bit of time for the European Commission to get its act together on these issues,” said Dexter Thillien, lead tech and telecoms analyst at The Economist Intelligence Unit.
“It’s not because of a lack of willingness from the European Commission to do something,” Thillien told CNBC in a phone interview. “They’ve got their hands full with bigger companies.”
TikTok isn’t yet a behemoth at the scale of companies like Meta, Alphabet and Amazon when it comes to social media, advertising and e-commerce. But TikTok has become so popular that its app has inspired copycat products, such as Meta’s Reels short video feature.
More than half of people aged 16 to 24 in France and Germany use TikTok, according to data.ai.
Since its launch in 2016, TikTok has amassed a worldwide monthly user base of more than 1 billion, and cemented the careers of well-known media personalities, from the D’Amelio sisters to Addison Rae.
That gives it an attractive pool of data to train its algorithms to target users aggressively with content most aligned with their interests. TikTok’s parent, Beijing-based ByteDance, has found similar success in China with a local version of the app, called Douyin.
A big fear among U.S. intelligence officials — and increasingly lawmakers in Europe, as well — is that Beijing could influence how TikTok targets its users to engage in propaganda or censorship.
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“TikTok’s success is the result of a European policy failure,” Moritz Korner, a member of the European Parliament for Germany’s Free Democratic Party, told CNBC via email.
“From a geopolitical perspective, the EU’s inactivity towards TikTok has been naive.”
Korner has been calling on the European Commission to pressure data protection authorities into taking action against TikTok since 2019. He is worried the platform poses “several unacceptable risks for European users,” including “data access by Chinese authorities, censorship, [and] tracking of journalists.”
“The data dragon TikTok must be placed under the surveillance of the European authorities,” said Korner. “Europe must finally wake up.”
Why Europe’s tone is changing
Last month, ByteDance admitted to using two journalists’ TikTok data to locate their physical movements, according to a widely-reported internal memo. Surveillance concerns, in addition to the EU’s tough Digital Services Act, were a big topic of conversation in Chew’s meetings with EU officials earlier this month.
The DSA, which was approved last year, is yet to be applied in Europe. EU officials are pressuring tech giants of all stripes to get their houses in order before a Sep. 1 deadline, including TikTok.
“The EU takes privacy and data protection issues very seriously. And it is building one of the most rigorous regulatory architectures for digital platforms, including TikTok, in the world,” Manuel Muniz, provost at IE University, told CNBC.
Under Chinese counter-espionage and national security rules, TikTok’s parent company ByteDance and other Chinese tech firms would be forced to share user data with Beijing if asked to by the government, experts previously told CNBC.
This was a concern back when the U.S. was pressuring allies to ban Huawei, the Chinese telecommunications giant, in 2019. Addressing the National Intelligence Law in a 2019 press conference, a Chinese government spokesperson said intelligence work should be done “according to law” and urged people to “not take anything out of context.”
China’s Ministry of Foreign Affairs did not immediately respond to a request for comment.
TikTok has admitted that data on its European users can be accessed by employees based in China, but denies it would ever share such information with the Chinese government.
The firm nonetheless says it is committed to creating a robust system for processing the data of Europeans within Europe.
That reflects a major difference: European regulators have focused on data processing, while U.S. regulators look for national security threats.
Meanwhile, investigations into TikTok’s accessing of users’ data in China are “starting to bear fruit,” according to Thillien.
Investigations take time. The Irish Data Protection Commission took nearly five years to end its probe into Meta’s targeted advertising practices, which resulted in a fine of more than $400 million.
The commission is examining whether the transfer of user data from TikTok to China and processing of data on minors is in breach of the bloc’s strict GDPR privacy rules. An outcome in the Irish privacy probe isn’t expected until late this year or 2024.
Tesla launched a revamped version of its Model Y in China.
Tesla
Tesla on Friday announced a revamped version of its popular Model Y in China, as the U.S. electric car giant looks to fend off challenges from domestic rivals.
The Model Y will start at 263,500 Chinese yuan ($35,935), with deliveries set to begin in March. That is 5.4% more expensive than the starting price of the previous Model Y.
A spokesperson for Tesla China said that the new Model Y is only open for pre-sale in the Chinese market, rather than being launched globally.
Elon Musk’s electric vehicle firm is facing heightened competition around the world, from startups and traditional carmakers in Europe. In China, the company continues to face an onslaught of rivals from BYD to newer players like Xpeng and Nio.
Jason Low, principal analyst at Canalys, notes that the Tesla Model Y was the best-selling EV in China in 2024 and that the popularity of the car “remains high.” However, he noted that the competition in the sports utility vehicle (SUV) segment with vehicles priced between 250,000 yuan and 350,000 yuan “has been fierce.”
“Tesla must showcase compelling smart features, particularly a unique but well localized cockpit and services ecosystem,” as well as “effective” semi-autonomous driver assistance features “to ensure its competitiveness in the market,” Low added.
Tesla is offering a number of incentives for customers to buy the Model Y including a five-year 0% interest financing plan.
The new Model Y can accelerate from 0 kilometers per hour to 100 kilometers per hour in 4.3 seconds, Tesla said, exceeding the speed capabilities of the previous vehicle. The Model Y Long Range has a further driving range on a single charge versus its predecessor.
Tesla has not introduced a new model since it began delivering the Cybertruck in late 2023, which starts at nearly $80,000.
Investors have been yearning for a new mass-market model to reinvigorate sales. Tesla has previously hinted that that a new affordable model could be launched in the first half of 2025.
Despite Tesla’s headwinds, the company’s stock is up nearly 70% over the last 12 months, partly due to CEO Musk’s close relationship with U.S. President-elect Donald Trump.
The logo for Taiwan Semiconductor Manufacturing Company is displayed on a screen on the floor of the New York Stock Exchange on Sept. 26, 2023.
Brendan Mcdermid | Reuters
Taiwan Semiconductor Manufacturing Co. posted December quarter revenue that topped analyst estimates, as the company continues to get a boost from the AI boom.
The world’s largest chip manufacturer reported fourth-quarter revenue of 868.5 billion New Taiwan dollars ($26.3 billion), according to CNBC calculations, up 38.8% year-on-year.
That beat Refinitiv consensus estimates of 850.1 billion New Taiwan dollars.
For 2024, TSMC’s revenue totaled 2.9 trillion New Taiwan Dollars, its highest annual sales since going public in 1994.
TSMC manufacturers semiconductors for some of the world’s biggest companies, including Apple and Nvidia.
TSMC is seen as the most advanced chipmaker in the world, given its ability to manufacture leading-edge semiconductors. The company has been helped along by the strong demand for AI chips, particularly from Nvidia, as well as ever-improving smartphone semiconductors.
“TSMC has benefited significantly from the strong demand for AI,” Brady Wang, associate director at Counterpoint Research told CNBC.
Wang said “capacity utilization” for TSMC’s 3 nanometer and 5 nanometer processes — the most advanced chips — “has consistently exceeded 100%.”
AI graphics processing units (GPUs), such as those designed by Nvidia, and other artificial intelligence chips are driving this demand, Wang said.
Taiwan-listed shares of TSMC have risen 88% over the last 12 months.
TSMC’s latest sales figures may also give hope to investors that the the demand for artificial intelligence chips and services may continue into 2025.
Meanwhile, Microsoft this month said that it plans to spend $80 billion in its fiscal year to June on the construction of data centers that can handle artificial intelligence workloads.
Tik Tok 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
The Supreme Court on Friday will hear oral arguments in the case involving the future of TikTok in the U.S., which could ban the popular app as soon as next week.
The justices will consider whether the Protecting Americans from Foreign Adversary Controlled Applications Act, the law that targets TikTok’s ban and imposes harsh civil penalties for app “entities” that continue to carry the service after Jan.19, violates the U.S. Constitution’s free speech protections.
It’s unclear when the court will hand down a decision, and if China’s ByteDance continues to refuse to divest TikTok to an American company, it faces a complete ban nationwide.
What will change about the user experience?
The roughly 115 million U.S. TikTok monthly active users could face a range of scenarios depending on when the Supreme Court hands down a decision.
If no word comes before the law takes effect on Jan. 19 and the ban goes through, it’s possible that users would still be able to post or engage with the app if they already have it downloaded. However, those users would likely be unable to update or redownload the app after that date, multiple legal experts said.
Thousands of short-form video creators who generate income from TikTok through ad revenue, paid partnerships, merchandise and more will likely need to transition their businesses to other platforms, like YouTube or Instagram.
“Shutting down TikTok, even for a single day, would be a big deal, not just for people who create content on TikTok, but everyone who shares or views content,” said George Wang, a staff attorney at the Knight First Amendment Institute who helped write the institute’s amicus briefs on the case.
“It sets a really dangerous precedent for how we regulate speech online,” Wang said.
Who supports and opposes the ban?
Dozens of high-profile amicus briefs from organizations, members of Congress and President-elect Donald Trump were filed supporting both the government and ByteDance.
The government, led by Attorney General Merrick Garland, alleges that until ByteDance divests TikTok, the app remains a “powerful tool for espionage” and a “potent weapon for covert influence operations.”
Trump’s brief did not voice support for either side, but it did ask the court to oppose banning the platform and allow him to find a political resolution that allows the service to continue while addressing national security concerns.
The short-form video app played a notable role in both Trump and Democratic nominee Kamala Harris’ presidential campaigns in 2024, and it’s one of the most common news sources for younger voters.
In a September Truth Social post, Trump wrote in all caps Americans who want to save TikTok should vote for him. The post was quoted in his amicus brief.
What comes next?
It’s unclear when the Supreme Court will issue its ruling, but the case’s expedited hearing has some predicting that the court could issue a quick ruling.
The case will have “enormous implications” since TikTok’s user base in the U.S. is so large, said Erwin Chemerinsky, dean of Berkeley Law.
“It’s unprecedented for the government to prohibit platforms for speech, especially one so many people use,” Chemerinsky said. “Ultimately, this is a tension between free speech issues on the one hand and claims of national security on the other.”