Ohio Wins Round in Social Media Battle as Appeals Court Revives Parental Consent Law

Ohio has cleared a significant legal hurdle in its effort to regulate minors’ access to social media, after a federal appeals court ruled that the state may enforce a law requiring parental approval for users under the age of 16.

In a divided 2-1 decision, the U.S. Court of Appeals for the Sixth Circuit overturned an earlier order that had frozen the law before it could take effect. The ruling allows Ohio to move forward with its Social Media Parental Notification Act, legislation aimed at increasing parental oversight of children’s online activity.

The law compels operators of platforms likely to be accessed by minors under 16 to verify users’ ages and obtain parental consent before granting access. It also lays out a detailed set of criteria for determining whether a website falls within its scope, while carving out certain exceptions.

The challenge was brought by NetChoice, a technology industry association whose members include major platforms such as Meta, TikTok and YouTube. The group argued that the measure was overly vague and infringed upon constitutional free speech protections by limiting young people’s access to online content.

The appellate court disagreed.

Writing the lead opinion, Judge Eric Clay acknowledged that the statute imposes some restrictions on how social media companies distribute content and requires additional steps before minors can join their services. However, he concluded that the burden was limited and carefully tailored to address what Ohio views as a pressing concern: children agreeing to platform terms and conditions without parental involvement.

According to the court, the legislation primarily functions as a parental consent requirement rather than a broad speech restriction. The judges found that Ohio’s interest in safeguarding minors from potential harms associated with social media justified the measure.

NetChoice criticized the ruling, arguing that it jeopardizes both online privacy and constitutional rights. The organization nonetheless expressed confidence that the law will eventually be struck down through further legal proceedings.

Ohio officials welcomed the decision, saying it strengthens parents’ ability to monitor and guide their children’s digital lives.

The dispute forms part of a wider legal and political struggle unfolding across the United States and abroad. Governments increasingly are examining ways to limit minors’ exposure to social media amid growing concerns about mental health, online safety and the influence of digital platforms on young users.

Ohio enacted the law in 2023, and it was scheduled to take effect in January 2024 before being blocked by a federal district court. With the appeals court now reversing that decision, the state has regained authority to enforce the measure while the broader constitutional debate continues.

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