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Utah seeks to hold TikTok in contempt of court

Posted at 10:31 AM, Jul 25, 2023
and last updated 2023-07-25 18:59:12-04

SALT LAKE CITY — The state of Utah is asking a judge to hold the social media company TikTok in contempt of court for what it claims is a refusal to respond to subpoenas.

It is part of the state's brewing lawsuit against social media for alleged harms to children. The filing accuses TikTok of refusing to comply to administrative subpoenas issued by the Utah Department of Commerce.

"That’s why it’s been so shocking," Commerce director Margaret Woolley Busse told FOX 13 News on Tuesday. "They are not responding to the most basic questions in really adequate ways."

Busse said her agency is seeking answers to "basic questions" about TikTok and its business operations, including information about the number of users the app has in Utah. They are asking a judge to hold TikTok in contempt.

“For too long, two essential questions have gone unanswered: how is TikTok conducting itself in the State of Utah, and how it is impacting the lives of children? As Attorney General, I will never stop fighting for the safety of our children. That is why we have filed a Motion asking the Court to order TikTok to cooperate with our subpoenas. We will not accept further excuses or delays. No one is above the law,” said Utah Attorney General Sean Reyes in a statement.

A message sent to TikTok seeking comment was not immediately returned on Tuesday. In court exhibits obtained by FOX 13 News, an attorney for TikTok attempted to make the case that the company was in compliance.

"On the broader issue, we continue to work in good faith to respond not only to all of Utah’s requests but, as you are aware, the requests of nearly every other state as well. The subject matters of these investigations overlap significantly, and we continue to look for opportunities to leverage that overlap to provide Utah, as well as other states, information sought by these investigations," an email to state officials said.

Tuesday's court action confirmed the Utah Department of Commerce was actively investigating TikTok. Busse would confirm if other social media companies like Meta, X (formerly Twitter) or any other platforms had been targeted. But she told FOX 13 News it focused on things "we’ve investigated around us with the harms of social media to our children. They’re a big deal and it’s the impetus to the investigations."

Governor Spencer Cox and Attorney General Reyes have not been shy about their threatened lawsuit over harms to youth, including mental health impacts. They have compared the litigation to going after opioids and tobacco companies. The Utah State Legislature this year passed a series of bills targeting social media companies.

"Utah will not stop insisting that social media companies be held accountable for the harm they are causing our youth,” Gov. Cox said in a statement. “That TikTok won’t even appropriately respond to the investigative subpoenas speaks volumes about the lack of TikTok’s credibility and transparency.”