Why TikTok is Not Available on Apple App Store

TikTokโs brief disappearance for US users caused a stir, but the app is now functional for those who already had it downloaded. However, TikTok is not available on Appleโs App Store if you want to download it. This raises the question: why hasnโt Apple reinstated the app? A legal expert explains that despite assurances from the previous administration, Apple has valid reasons to remain cautious.
The Short-Lived Ban and Subsequent Confusion
TikTok experienced a brief blackout in the US late Saturday night and into Sunday. However, services were restored after Oracle, the US-based hosting provider for TikTok, received assurances that the executive order banning the app would not be enforced. This restoration allowed existing TikTok users to regain access.
However, for users who donโt already have TikTok installed on their iPhones, downloading the app is currently impossible. Apple removed TikTok from the App Store to comply with its obligation to adhere to local laws and regulations.
Why TikTok is Not Available on the Apple App Store
While the previous administrationโs non-enforcement promise prompted Oracle to restore TikTokโs services, a legal expert argues that this assurance provides insufficient legal protection for Apple to reinstate the app.
Alan Z. Rozenshtein, writing for Lawfare, explains that non-enforcement promises are rarely considered binding by courts, even when significant consequences could arise from relying on them. This means that the previous administration could have changed its stance at any time, or a future administration could choose to enforce the ban regardless of prior assurances.
The Legal Risks for Apple
Rozenshtein emphasizes the significant financial risks Apple faces if it were to reinstate TikTok based on a non-enforcement promise that is later revoked. Even for a company of Appleโs size, the potential penalties for non-compliance could be substantial.
He further explains that the use of an executive order, rather than the established legislative process for implementing a ban, raises questions about the legality and long-term viability of the order itself. This legal uncertainty further complicates Appleโs situation.
A Prudent Approach
Therefore, Appleโs decision to keep TikTok off the App Store is a prudent one. Until the legal situation surrounding the ban is definitively resolved, reinstating the app would expose Apple to unnecessary legal and financial risks. It is clear that Google and Microsoft have taken similar stances, keeping the app off their app stores as well.
Waiting for Legal Clarity
Appleโs cautious approach highlights the importance of legal clarity in navigating complex regulatory landscapes. While the non-enforcement assurance allowed existing TikTok users to regain access, it does not provide sufficient legal certainty for Apple to confidently restore the app to the App Store. The company is likely waiting for a more definitive legal resolution before making any further moves.
See Also:ย TikTokโs Future in the Trump Era: A Crossroads of Policy and Business
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