A federal appeals court has ruled that Ohio can enforce legislation requiring children under 16 to obtain parental consent before using social media platforms, marking a significant development in state-level efforts to regulate minors’ online activity.
TechSpot reports that the Cincinnati-based 6th US Circuit Court of Appeals issued a 2-1 decision overturning a lower court ruling that had previously blocked Ohio’s Social Media Parental Notification Act from taking effect. The law mandates that websites reasonably likely to be accessed by children under 16 must verify users’ ages and secure parental approval before allowing minors to create or use accounts.
The legislation was originally passed in 2023 and took effect in January 2024. However, it faced an immediate legal challenge from NetChoice, a technology industry advocacy group representing major platforms including Meta, TikTok, YouTube, Snap, and X. A federal judge initially found the law unconstitutional and blocked its implementation, but the appeals court has now reversed that decision and sent the case back with instructions to lift the block.
In the majority opinion, Judge Eric Clay acknowledged that the law does impose some burden on speech but argued it is narrowly tailored to address what Ohio identified as a compelling state interest. According to Clay, the legislation aims to protect children from online harms and prevent them from agreeing to platform terms of service without proper supervision.
“At bottom, the Act imposes a parental consent requirement,” Clay wrote. “That requirement constitutes a marginal burden that precisely targets the multi-faceted problem that Ohio has identified: Children’s unsupervised assent to terms and conditions for use of platforms that take advantage of and harm them.”
The decision represents a rare victory for state efforts to restrict minors’ access to social media platforms, as similar laws in other jurisdictions have been blocked on free speech grounds. Ohio Attorney General Andy Wilson praised the ruling as a win for families, stating it provides parents with necessary tools to monitor and control what their children view online.
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