Appeals Court Allows Ohio to Enforce Social Media Parental Consent Law While NetChoice Reviews Further Options

U.S. Circuit Court of Appeals on June 18 issued a 2-1 decision allowing Ohio to enforce the Social Media Parental Notification Act. The law requires social media companies to obtain parental consent before permitting children under 16 to access their platforms.

The Social Media Parental Notification Act was passed by the Ohio legislature in 2023 and took effect in January 2024. NetChoice, a trade group representing TikTok, Meta, and other major tech companies, filed a lawsuit alleging the law was unconstitutional.

U.S. District Judge Algenon Marbley ruled in favor of NetChoice and permanently blocked Ohio from enforcing the law. U.S. Circuit Judge Eric Clay wrote the majority opinion stating the law imposes only a marginal burden by requiring parental consent.

"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," Clay said. "Parental consent will not always be narrowly tailored to the compelling interest in protecting minors' well-being.

It works here because the nature of the harm itself is that children's unsupervised use of social media puts them at risk of the adverse effects of prolonged and unregulated exposure," Clay added.

Ohio Attorney General Andy Wilson stated the ruling is a win for Ohio families. Wilson said the court agreed that parents, not social media companies, should get a say in what kids see online. "We have an obligation to keep our children safe, and today, the most dangerous place for our kids is the internet," he stated.