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The Briefing

Busting Myths on Foreign Media Ownership as TikTok Ban Looms

Busting Myths on Foreign Media Ownership as TikTok Ban Looms Photo by Getty Images.
By
Martin Peers
[email protected]Profile and archive

It’s taken four years, but the push to ban TikTok is moving at lightning speed—which will continue until it comes to a dead halt sometime in the near future. Today’s lopsided vote in the House of Representatives on the ban-or-sell TikTok bill moves the battle to the Senate, where its prospects are uncertain. Let’s assume it passes in that chamber and then gets signed by President Joe Biden. The next stop is likely to be a court case initiated by TikTok, which will almost certainly put this issue on hold for some time to come. So don’t hold your breath for a resolution anytime soon.

In the meantime, the debate over a TikTok ban is generating some fact-challenged commentary among venture capitalists over U.S. rules on foreign ownership of media. Upfront Ventures’ Mark Suster, for instance, tweeted today, “We have never allowed foreign entities to control our media,” apparently unaware that a German company, Axel Springer, owns Business Insider and Politico. Suster was responding to Keith Rabois, who tweeted that Rupert Murdoch became a U.S. citizen “because the US didn’t even allow Australians…to own a NYC newspaper.” Actually, Murdoch owned several newspapers in the U.S. for more than a decade before he became an American citizen, which he did when he was buying the Fox TV station group. Rabois seemed to be thinking of foreign ownership laws affecting television stations, which is what prompted Murdoch’s citizenship change in 1985.

In fact, there are no laws restricting foreigners from buying U.S. newspapers or media generally, other than long-standing rules related to broadcast TV and radio. And the Federal Communications Commission has relaxed even those rules in the past decade, an understandable move given the diminished state of broadcast media. To be sure, the lack of foreign regulation hasn’t been much of an issue for the rest of U.S. media until recently, given the relative paucity of rich foreigners buying up media businesses. Aside from Murdoch in the days before he became American, one of the few foreigners to own a newspaper was Canada’s Conrad Black, who for a time owned the Chicago Sun-Times. In cable TV, a European firm controls the Altice cable TV operator, which serves part of the New York metropolitan area and the Southeastern U.S. 

Until the internet came along, technological limitations kept most media companies focused on their home territories. The borderless nature of the internet has changed things, creating opportunities for everyone from Netflix to The New York Times to expand in much of the world (while Axel Springer expanded in the U.S.). In that sense, the TikTok bill sets a bad precedent that U.S. companies might come to regret. Its saving grace, however, is that it targets apps controlled by a “foreign adversary,” most obviously China, which already blocks access to U.S. internet companies. So the bill simply puts business opportunities between China and the U.S. on a more equal playing field. When you think of it like that, it’s hard to argue against the TikTok bill. 

Instacart and the Lockup

So much for the theory that lockup expirations, when early shareholders can sell their shares, put downward pressure on an-already depressed stock. Instacart’s lockup expired nearly a month ago, on Feb. 15, and yet the stock has climbed ever since. Today it reached a new high of $35.35. 

That must be a huge relief to Instacart’s management. The company’s stock had fallen below its $30 IPO price within days of the September IPO and fell to a low of around $23 in early January. It didn’t really start to improve until a few days before the lockup expiration. The day the lockups came off, the stock dipped on unusually heavy volume, but it quickly recovered and hasn’t looked back.

How to explain the recovery? It may have been influenced by Instacart’s expansion of its share buyback, which likely more than offset any selling pressure from early investors wanting to dump their stock. And perhaps some of those early investors, freed of lockup restrictions, decided to wait for the stock to rise a little before they sold. Whatever the reason, Instacart shareholders have a reason to smile.

In Other News

  • Microsoft will make its new OpenAI-powered cybersecurity software, dubbed Security Copilot, generally available on April 1, the company announced on Wednesday (more here).
  • Amazon said Wednesday that it will start delivering prescriptions, including the Zepbound weight-loss pen, for drugmaker Eli Lilly’s direct-to-consumer service (more here).
  • Apple said it would allow software developers in Europe to offer their apps to users via their websites as part of a series of tweaks it has been making to its new App Store policies in the region, which it rolled out this month (more here).
  • Michael Abbott, head of software and services for General Motors, is leaving the automaker less than a year after he joined, due to health issues (more here).

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How did the U.S.-Chinese electric vehicle and battery war begin? And can the U.S. still possibly win? For an unusually incisive and entertaining live chat, The Information welcomes Jeff Chamberlain, CEO of Volta Energy Technologies, a venture capital firm investing in next-gen batteries, and a key figure in the start of the U.S.-China geopolitical rivalry.

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Martin Peers is a columnist and co-executive editor of The Information, where he has worked since 2014. He was managing editor from 2015 through 2021. He previously worked for The Wall Street Journal and Daily Variety, among other publications. He is based in New York and is on Twitter @mvpeers.

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