Gov. Spencer Cox, AG Sean Reyes announce legal filing against TikTok

Gov. Spencer Cox and Utah Attorney General Sean Reyes. File image: Video screen grab/Facebook/GovCox

SALT LAKE CITY, Utah, July 25, 2023 (Gephardt Daily) — Utah officials have filed a legal motion against TikTok in an effort to make the social media giant comply with a subpoena issued earlier.

“Today, Utah Gov. Spencer Cox, Attorney General Sean Reyes, and Utah Department of Commerce Executive Director Margaret Busse announced a legal filing against the social media company TikTok, Inc.,” says a news release from the Governor’s office.

“TikTok has been the subject of an investigation by Utah’s Department of Commerce’s Division of Consumer Protection in the state’s ongoing efforts to hold social media companies accountable for the harm they are causing to Utah’s children.

“After months of TikTok delaying and providing incomplete information in response to administrative subpoenas, the Division of Consumer Protection has filed a motion requesting the state district court to hold TikTok in contempt and force it to quickly comply with the subpoena,” the news release continues.

The motion mentions potential harm including injuries and damage caused by viral TikTok trends.

“School districts in Utah have reported incidents arising from TikTok Challenges that, for instance, encourage students to sexually harass other students or to assault school employees,” the motion says. “In another incident, a Utah teenager was left with permanent eye damage after being targeted through a TikTok Challenge encouraging teens to shoot each other with polymer beads.”

Cox said the state will not back down.

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

Utah officials want TikTok and other social media companies to protect children from harm.

“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?,” Reyes said in the prepared statement, adding that the protection of Utah’s children is vital.

“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.”

This motion for order to show cause was filed in Utah state court in the Third Judicial District. The filing against TikTok comes after TikTok failed to respond completely to the Division of Consumer Protection’s two investigative subpoenas — one issued in February 2023 and the other issued in May 2023.

“Utah is taking a proactive approach to address the issue of harm to youth on social media,” said Margaret Busse, executive director of the Utah Department of Commerce. “Utah residents deserve to have confidence in the companies they interact with, but TikTok’s evasive actions have eroded that trust.”

The motion appears below:

TikTok Motion

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