NewsStateState-Ohio

Actions

Judge temporarily blocks Ohio law requiring parental consent for minors creating social media accounts

social media.jpeg
Posted at 5:11 PM, Jan 05, 2024
and last updated 2024-01-09 16:34:49-05

CINCINNATI — An association representing the companies behind TikTok, Facebook and X (formerly Twitter) is suing Ohio over a law requiring parental or legal guardian permission for minors under the age of 16 to use social media.

Chief Judge Algenon L. Marbley with the U.S. District Court for the Southern District of Ohio on Tuesday granted a temporary restraining order stopping the Social Media Parental Notification Act from going into effect Jan. 15.

The law would require anyone under the age of 16 to get permission from their parent or guardian before using social media on any online website. Technology companies would be required to create a method to determine a child's age, obtain "verifiable" consent from the parent or guardian and send written confirmation of the consent to the parent or guardian.

"Ohio lawmakers had good intentions, being concerned about the mental health and well-being of young people," NetChoice said in its release. "But unfortunately, they chose a path that violates constitutional rights and rips away a parent's authority to care for their child as they find appropriate — all while violating the safety and security of ALL Ohioans, especially kids and teens."

Ohio Lt. Gov. Jon Husted said in a statement NetChoice's lawsuit "is cowardly but not unexpected."

"In filing this lawsuit, these companies are determined to go around parents to expose children to harmful content and addict them to their platforms," Husted said. "These companies know that they are harming our children with addictive algorithms with catastrophic health and mental health outcomes. ... They need to drop this lawsuit so that we can move forward with the Social Media Parental Notification Act that makes parents part of the equation."

There will be a hearing for a formal preliminary injunction on Feb. 7.

NetChoice has also sued California and Arkansas for similar laws. In both cases, district judges blocked the legislation from going into effect.