Fact Check: Is Elon Musk buying TikTok after Donald Trump’s opposition to US ban?

LOS ANGELES, CALIFORNIA: The rumor mill is churning yet again, and this time there are whispers that tech mogul Elon Musk might swoop in and purchase TikTok to save it from a potential US ban.

The US Supreme Court recently heard oral arguments regarding a federal law that could effectively ban TikTok unless its Chinese parent company ByteDance divests its ownership. The legislation — set to take effect on January 19 — would bar TikTok from being hosted in US app stores.

This raises major questions about the app's future in the United States and whether a potential buyer like Musk could step in to prevent its demise.

Fact Check: Unfounded

Here’s the deal: no concrete evidence or official reports is linking Elon Musk to any potential acquisition of TikTok. Neither Musk nor ByteDance has publicly indicated any discussions or plans about such a move.

Musk, who recently acquired Twitter and renamed it X, has his hands full transforming that platform and chasing other ventures like SpaceX and Tesla.

So where did this idea come from? Likely, it’s pure speculation fueled by Musk’s unpredictable business maneuvers and larger-than-life persona. But without solid proof, it’s safe to say this is nothing more than a theory for now.

What's more? Former president Donald Trump is firmly opposed to the TikTok ban, citing his personal popularity on the platform. On Truth Social, he asked: “Why would I want to get rid of TikTok?” Meanwhile, his attorneys have also argued against the legislation, insisting that the app shouldn’t be banned.

However, Trump faces a host of challenges if the Supreme Court upholds the ban. While he could theoretically delay its enforcement after taking office, his options for circumventing the law are limited.

Legal experts, like University of Minnesota law professor Alan Rozenshtein, told NPR that any attempt to bypass the legislation could be challenged in court unless ByteDance fully complies with divestment requirements.

Could TikTok operate independently?

Experts told ABC News that even if ByteDance refuses to sell TikTok, there are some alternative paths the app could explore. For one, TikTok could move its US servers to another country to sidestep legal restrictions, though this approach would undoubtedly face its own hurdles.

Secondly, a split from its parent company would allow TikTok to remain operational in the US — as cited by a panel of federal judges. However, ByteDance has resisted this route saying it’s unconstitutional under First Amendment rights.

If the legislation is enforced, existing TikTok users might still be able to use the app. However, without updates or new downloads from app stores, the platform could quickly become outdated and defunct.

The primary driver behind the legislation is bipartisan concern about TikTok’s potential risks to US national security. Critics argue that ByteDance’s ties to the Chinese government could allow sensitive user data to fall into the wrong hands. TikTok has repeatedly denied these allegations, but the scrutiny hasn’t let up.

Moreover, if TikTok were to shut down in the US, other ByteDance-owned apps such as CapCut and Lemon8 could also face similar restrictions. This raises broader questions about the future of Chinese tech companies operating in the United States.

Could Elon Musk be the hero?

While Elon Musk’s involvement in TikTok’s fate seems far-fetched for now, it’s not entirely outside the realm of possibility. Musk has a track record of making bold, unpredictable business moves—Exhibit A: his Twitter acquisition.

However, buying TikTok would likely come with steep legal and political challenges considering the intense scrutiny surrounding its ties to China.

For now, there’s no evidence to support the idea that Musk is stepping in to save TikTok. The situation remains speculative as there is no official word from Musk, ByteDance, or US officials about such a deal.

So, is Elon Musk buying TikTok? As of now, the answer is a resounding no. The future of the popular app in the US rests on ByteDance’s next move and the Supreme Court’s upcoming decision.