An Ohio law requiring children under 16 to get parental consent to use social media apps has been temporarily blocked by a federal judge as a legal challenge by a trade group representing social media companies’ proceeds.
Initially set to take effect Jan. 15, the law known as the “Parental Notification by Social Media Operators Act” would require anyone in Ohio below the age of 16 to ask for parental consent if they want to sign up for a social media account, whether it be Twitter, Instagram, or TikTok.
It would also force social media companies to provide privacy guidelines, so families know what content would be censored or moderated on their child’s profile.
In a Feb. 12 judgment, Algenon Marbley, chief U.S. district judge in the Southern District of Ohio, granted a preliminary injunction preventing the law from taking effect while a lawsuit filed by a trade group representing TikTok, Snapchat, Meta, and other major tech companies goes through the courts.
The trade group in question, NetChoice, has argued that the law is overly broad and vague and an unconstitutional impediment to free speech. The group has already won similar lawsuits in other states, including California and Arkansas.
In his decision, Judge Marbley said NetChoice has a good chance of winning its First Amendment speech freedom argument.
“There is no indication that the State disfavors the sort of content designed to appeal to children, cartoons and the like,” he wrote.
“Websites that children might access’ is not a topic or subject matter. Indeed, even though covered platforms contain some subject matter likely to appeal to children, most also contain subject matter ‘as diverse as human thought.’”
Judge Marbley also pointed out in his judgment the Parental Notification by Social Media Operators Act is not structured to prevent children from exploring the internet once they’ve received parental permission. It also doesn’t limit features, such as infinite scrolling, cited as the most detrimental to children.
“The approach is an untargeted one, as parents must only give one-time approval for the creation of an account, and parents and platforms are otherwise not required to protect against any of the specific dangers that social media might pose,” he said.
Signed Into Law
Ohio Gov. Mike DeWine signed the Social Media Parental Notification Act into law in July last year.His administration spearheaded the measure to protect children’s mental health.
Following Judge Marbley’s ruling, Ohio Lt. Gov. Jon Husted said in a media statement the state was evaluating the next steps.
“It’s disappointing, but it will not deter us from our responsibility to protect children from exploitative social media algorithms that are causing a crisis of depression, suicide, bullying, and sexual exploitation among our children,” Mr. Husted said.
“These companies could solve this problem without passing new laws, but they refuse to do so. Because social media companies will not be responsible, we must hold them accountable.”
