On Thursday, a federal appeals court cleared the way for Ohio to enforce a law requiring social media platforms to obtain parental consent before allowing users under 16 to access their services.
Appeals Court Revives Ohio Social Media Law
In a 2-1 decision issued, the 6th U.S. Circuit Court of Appeals overturned a lower court ruling that had blocked Ohio’s Social Media Parental Notification Act from taking effect.
The law requires certain social media companies to verify users’ ages and obtain parental approval before minors under 16 can create or maintain accounts.
The legislation was approved by Ohio lawmakers in 2023 and took effect in January 2024 before being put on hold following a legal challenge.
The lawsuit was brought by NetChoice, a technology industry trade group whose members include Meta Platforms Inc.’s (NASDAQ:META) Instagram and Facebook, YouTube, a subsidiary of Alphabet Inc.’s (NASDAQ:GOOG) (NASDAQ:GOOGL) Google and TikTok.
Court Rejects First Amendment Challenge
NetChoice argued that the law violated First Amendment protections by restricting minors’ access to constitutionally protected speech and was too vague in determining which platforms would be subject to the rules.
Writing for the majority, U.S. Circuit Judge Eric Clay said the law imposes only a limited burden on speech while addressing Ohio’s interest in protecting children online.
“At bottom, the Act imposes a parental consent requirement,” Clay wrote. “That requirement constitutes a marginal burden” targeted at concerns involving children’s unsupervised use of social media platforms.
NetChoice Vows To Continue Legal Fight
NetChoice criticized the ruling, saying it threatens the privacy and constitutional rights of Ohio residents.
In a statement, the group said it remains “fully confident that this unconstitutional law will ultimately be struck down permanently.”
Ohio Attorney General Dave Yost welcomed the decision, saying it “gives parents the tools to be involved and provide oversight,” Reuters reported.
Social Media Companies Face Growing Regulatory Pressure
The ruling comes as governments in the U.S. and abroad, including Australia, pursue measures aimed at limiting children’s access to social media amid growing concerns about mental health, online safety and data privacy.
Earlier this month, Florida sued TikTok, alleging the platform allowed underage users to access its services and misrepresented risks to children despite a state law intended to protect minors online.
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Disclaimer: This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.
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