Restrictions on social media use among children restored in Ohio

COLUMBUS, Ohio (WSYX) — As concerns have grown over the impact of social media on young people, lawmakers are pushing to keep protections in tact to keep children safe online.

This week the Sixth Circuit Court of Appeals ruled that Ohio’s law, the Social Media Parental Notification Act, requiring parental consent for children under the age of 16 to use social media must be restored. Gov. Mike DeWine signed the act into law in July 2023.

Netchoice, the trade group that represents Tik Tok, Snapchat, Meta and other tech companies contested Ohio’s law in 2024, arguing that it was overly broad, vague and represented an unconstitutional impediment to free speech.

“An unconstitutional law protects no one, and we remain focused on ensuring the First Amendment rights of Ohioans are protected,” Paul Taske, NetChoice Litigation Center Director said.

Cincinnati-based Sixth Circuit’s panel does not agree with this view point, determined that the law is not unconstitutional and had the block on the law’s enforcement vacated.

“At bottom, the Act imposes a parental consent requirement,” Judge Eric 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 Social Media Parental Notification Act is a way to protect children’s mental health against the “intentionally addictive” nature of social media, according to U.S. senator Jon Husted.

The law requires companies to get parental permission for social media and gaming apps and to provide their privacy guidelines so families know what content would be censored or moderated on their child’s profile.

Ohio Attorney General Andy Wilson says the ruling is “a win for Ohio families.”

“The court agreed that parents –- not social media companies –- should get a say in what kids see online,” he said in a statement. “We have an obligation to keep our children safe, and today, the most dangerous place for our kids is the internet. This decision gives parents the tools to be involved and provide oversight.”