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TikTok Files New Petition in U.S. Court of Appeals

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tiktok files new petition in u s court of appeals

TikTok, the controversial video-sharing app owned by Chinese tech conglomerate ByteDance, is expected to be officially banned in the U.S. as of today, per an executive order issued by President Donald Trump in August. The White House views the platform as a threat to national security, charging it could share sensitive information on U.S. consumers with Chinese authorities — an allegation TikTok fiercely contests, including through a lawsuit against the government.

But while the deadline for TikTok to secure a sale that could preserve its business in a key market is finally here, one would be hard-pressed to tell the platform is facing an existential crisis on the surface. Marketing Dive easily downloaded and accessed TikTok from the Apple App Store Thursday morning, and marketers, too, appear to be holding fast with their efforts on the app.

“TikTok has continued to grow and thrive through multiple past ‘deadlines,’ and we believe we’ll see that again now,” Evan Horowitz, chief executive at Movers+Shakers, an agency that develops TikTok campaigns for brands like e.l.f. Cosmetics and NYX, said over email. “All of our clients are moving full speed ahead with their TikTok campaigns and TikTok channels.”

Even TikTok seems perplexed by the state of affairs, The Verge reported. ByteDance and TikTok on Wednesday filed a petition in the U.S. Court of Appeals claiming they’ve stopped receiving communication in recent weeks from the Committee on Foreign Investment in the United States, the agency group reviewing the app’s business, after asking for a 30-day extension to iron out an agreement. The companies are hoping the appeals court grants them some additional lead time to work out a deal, as one tentatively cleared by Trump involving Oracle and Walmart taking on ownership of TikTok remains in flux pending the stamp of approval from Chinese officials, per Quartz. Additionally, the government still has until midnight tonight to issue an extension, Carl Tobias, a law professor at the University of Richmond, told Bloomberg.

Which is to say that marketers hoping Nov. 12 would bring some finality to the TikTok saga are likely to be disappointed, if they’re still paying careful attention to the months-long imbroglio at all.

“My suspicion is that most marketers will care more about brand safety from the perspective of inappropriate and offensive content than anything relating to accusations around national security,” Alex Bronwsell, media editor at the researcher WARC, said over email. “As long as TikTok offers mass scale and helps them to engage otherwise hard to reach consumers, advertisers will likely be content to ride the waves of any political controversy — until such a time, of course, that consumer sentiment sours in a meaningful or lasting way.”

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No signs of slowing down

When President Trump first issued an executive order pressing ByteDance to divest TikTok’s U.S. business over the summer, it set off a mad scramble speculating over the fate of one of the most exciting and innovative apps to hit the market in years.

TikTok has experienced explosive growth and become a favorite of young consumers who are elusive on traditional media channels, an enviable position that’s been strengthened as social media usage continues to spike during the pandemic. Marketers have subsequently flocked to the platform in droves, while TikTok has built out a stronger advertising business, including by introducing its first global marketing platform over the summer. The app in recent weeks has signed extensive deals with Sony Music and the e-commerce platform Shopify.

Upward momentum for TikTok has been steady and strong enough that aggression from the White House has almost become a secondary consideration, as suggested by Brownsell. The Trump administration has also experienced some key setbacks.

An order that intended to prevent new downloads or software updates to TikTok starting Sept. 20 was blocked by Judge Carl Nichols of the U.S. District Court in Washington, ensuring the app could continue to acquire users and maintain its functionality. Then, late last month, a federal judge in Pennsylvania issued a separate injunction against restrictions against the app that were set to go into effect today, while not preventing the entire ban order from taking hold.

“There’s been some level of uncertainty about TikTok’s future for over a year now, and the demand for TikTok among marketers has grown exponentially,” Horowitz said, noting that his agency has recently signed blue-chip companies like Amazon and Disney to make their TikTok debuts.

The executive added that Movers+Shakers has “a big pipeline of launches” planned for the first quarter of next year as well.

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‘Arbitrary and capricious’

In the petition to the U.S. Court of Appeals, TikTok and ByteDance described the Trump administration’s actions as “arbitrary and capricious” and pleaded with the court to review the situation and stop the forced divestiture of the app’s operations, per The Wall Street Journal.

If the White House remains as inattentive to the issue as the companies allege, and if the administration of projected president Biden is friendlier to Chinese businesses, it’s possible that TikTok will be able to land on sturdier footing in the months ahead, helping to enshrine its dominant status in the video app space. However, marketers should still be planning for any scenario, including an outright shutdown.

“Most U.S. marketers, in tandem with their agencies, will have put in place contingency plans in the event of a ban — while seeming unlikely, it won’t come as a total shock,” Brownsell said.

“We would expect most brands to redirect investment towards other platforms that can deliver youthful audiences, including Instagram, Snapchat and YouTube,” Brownsell added. “A temporary ban would allow advertisers to measure the contribution of TikTok to its marketing effectiveness, which is no bad thing. A longer ban, however, would result in further fragmentation of Gen Z audiences, making life harder for marketers chasing those audiences.”

Socialmediatoday.com

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Snapchat Explores New Messaging Retention Feature: A Game-Changer or Risky Move?

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Snapchat Explores New Messaging Retention Feature: A Game-Changer or Risky Move?

In a recent announcement, Snapchat revealed a groundbreaking update that challenges its traditional design ethos. The platform is experimenting with an option that allows users to defy the 24-hour auto-delete rule, a feature synonymous with Snapchat’s ephemeral messaging model.

The proposed change aims to introduce a “Never delete” option in messaging retention settings, aligning Snapchat more closely with conventional messaging apps. While this move may blur Snapchat’s distinctive selling point, Snap appears convinced of its necessity.

According to Snap, the decision stems from user feedback and a commitment to innovation based on user needs. The company aims to provide greater flexibility and control over conversations, catering to the preferences of its community.

Currently undergoing trials in select markets, the new feature empowers users to adjust retention settings on a conversation-by-conversation basis. Flexibility remains paramount, with participants able to modify settings within chats and receive in-chat notifications to ensure transparency.

Snapchat underscores that the default auto-delete feature will persist, reinforcing its design philosophy centered on ephemerality. However, with the app gaining traction as a primary messaging platform, the option offers users a means to preserve longer chat histories.

The update marks a pivotal moment for Snapchat, renowned for its disappearing message premise, especially popular among younger demographics. Retaining this focus has been pivotal to Snapchat’s identity, but the shift suggests a broader strategy aimed at diversifying its user base.

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This strategy may appeal particularly to older demographics, potentially extending Snapchat’s relevance as users age. By emulating features of conventional messaging platforms, Snapchat seeks to enhance its appeal and broaden its reach.

Yet, the introduction of message retention poses questions about Snapchat’s uniqueness. While addressing user demands, the risk of diluting Snapchat’s distinctiveness looms large.

As Snapchat ventures into uncharted territory, the outcome of this experiment remains uncertain. Will message retention propel Snapchat to new heights, or will it compromise the platform’s uniqueness?

Only time will tell.

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Catering to specific audience boosts your business, says accountant turned coach

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Catering to specific audience boosts your business, says accountant turned coach

While it is tempting to try to appeal to a broad audience, the founder of alcohol-free coaching service Just the Tonic, Sandra Parker, believes the best thing you can do for your business is focus on your niche. Here’s how she did just that.

When running a business, reaching out to as many clients as possible can be tempting. But it also risks making your marketing “too generic,” warns Sandra Parker, the founder of Just The Tonic Coaching.

“From the very start of my business, I knew exactly who I could help and who I couldn’t,” Parker told My Biggest Lessons.

Parker struggled with alcohol dependence as a young professional. Today, her business targets high-achieving individuals who face challenges similar to those she had early in her career.

“I understand their frustrations, I understand their fears, and I understand their coping mechanisms and the stories they’re telling themselves,” Parker said. “Because of that, I’m able to market very effectively, to speak in a language that they understand, and am able to reach them.” 

“I believe that it’s really important that you know exactly who your customer or your client is, and you target them, and you resist the temptation to make your marketing too generic to try and reach everyone,” she explained.

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“If you speak specifically to your target clients, you will reach them, and I believe that’s the way that you’re going to be more successful.

Watch the video for more of Sandra Parker’s biggest lessons.

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Instagram Tests Live-Stream Games to Enhance Engagement

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Instagram Tests Live-Stream Games to Enhance Engagement

Instagram’s testing out some new options to help spice up your live-streams in the app, with some live broadcasters now able to select a game that they can play with viewers in-stream.

As you can see in these example screens, posted by Ahmed Ghanem, some creators now have the option to play either “This or That”, a question and answer prompt that you can share with your viewers, or “Trivia”, to generate more engagement within your IG live-streams.

That could be a simple way to spark more conversation and interaction, which could then lead into further engagement opportunities from your live audience.

Meta’s been exploring more ways to make live-streaming a bigger consideration for IG creators, with a view to live-streams potentially catching on with more users.

That includes the gradual expansion of its “Stars” live-stream donation program, giving more creators in more regions a means to accept donations from live-stream viewers, while back in December, Instagram also added some new options to make it easier to go live using third-party tools via desktop PCs.

Live streaming has been a major shift in China, where shopping live-streams, in particular, have led to massive opportunities for streaming platforms. They haven’t caught on in the same way in Western regions, but as TikTok and YouTube look to push live-stream adoption, there is still a chance that they will become a much bigger element in future.

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Which is why IG is also trying to stay in touch, and add more ways for its creators to engage via streams. Live-stream games is another element within this, which could make this a better community-building, and potentially sales-driving option.

We’ve asked Instagram for more information on this test, and we’ll update this post if/when we hear back.

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