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Utah may have more investigations into TikTok

Posted at 5:03 PM, Nov 30, 2023
and last updated 2023-11-30 19:39:39-05

SALT LAKE CITY — The state of Utah may have more investigations under way into social media giant TikTok.

It emerged from a court hearing as the company asked a judge to delay a Friday deadline to hand over documents and data to Utah's Division of Consumer Protection while it pursues appeals to the Utah Supreme Court.

Third District Court Judge Mark Kouris refused.

"I don’t find that any irreparable harm will come to TikTok on this," he said.

Utah's Division of Consumer Protection has been investigating TikTok over alleged harms to the mental health of the state's youth. The state took TikTok to court, accusing it of not complying with the division's investigative subpoenas and asked the judge to hold the company in contempt. Judge Kouris previously gave TikTok a Dec. 1 deadline to comply with the subpoenas.

But the state also filed a separate lawsuit against TikTok, accusing it of crafting addictive algorithms and misleading investigators about its company operations. TikTok has argued that once the state sued, the investigative subpoenas lost much of their power and the state could pursue the information it wanted through normal discovery methods in a civil case.

"The reality is this was a decision of their own making," TikTok attorney Jacey Skinner said of the state's actions.

Earlier this week, FOX 13 News reported that TikTok was filing emergency motions with the Utah Supreme Court asking it to intervene. So far, the justices have not.

TikTok maintains it has been compliant with subpoenas.

"Do you think you should be rewarded for not following the deadlines in a case?" Judge Kouris asked Skinner in court on Thursday.

Skinner argued that TikTok was seeking the same legal processes as everyone else.

"Not suggesting we should be rewarded for it, but neither should the state be rewarded for their decision. We are still entitled to the protections of judicial discovery," she told the judge.

Judge Kouris did grill the Utah Attorney General's Office over the decision to sue TikTok before the state even got what it was seeking with investigative subpoenas. Utah Solicitor General Melissa Holyoak argued they did nothing improper.

"I don’t think there’s anything special about the date. But I will maintain the position that to us, it didn’t matter," she said.

In court, it was suggested there may be additional investigations under way into TikTok by the state of Utah. Judge Kouris asked lawyers for the Utah Attorney General's Office and TikTok about the potential as he tried to scrutinize the subpoena demands.

"I do not know what else they are looking into or what else they may plan to file... a complaint," Skinner told him. "But from our view, there is nothing in those investigative subpoenas that is not relevant to the complaint that they have filed."

Outside of court, Utah's Division of Consumer Protection and the Solicitor General declined to talk about any other investigations into TikTok.

"I can't say anything about other investigations, except that... as we have discussed in the courtroom, that we are seeking information for ongoing investigations," Holyoak told FOX 13 News.

Governor Spencer Cox and the Utah State Legislature have been going after social media companies in litigation and legislation. The state passed age-verification laws attempting to restrict youth access to social platforms and block companies from targeted advertising to them. The Utah Attorney General's Office has also filed a lawsuit against Facebook and Instagram owner Meta, accusing it of harming the mental health of Utah youth through its platforms.