Social Media Free-For-All? Ohio Law For Kids Requiring Parental Consent Faces Judicial Hurdle

A federal judge has intervened to temporarily block an Ohio law that would require parental consent for minors to use social media applications.

What Happened: U.S. District Court Judge Algenon Marbley issued a temporary restraining order on Tuesday, effectively stalling the upcoming Ohio law that necessitates parental approval for children’s use of social media apps, reported AP News.

The law, mirroring those established in other states, was scheduled to be enforced on Jan. 15. It would require parental consent for children under 16 to use social media and gaming apps, and compel companies to disclose their privacy policies to parents.

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It faced legal opposition from NetChoice, a representative group for major tech corporations such as ByteDance-owned TikTok, Snap Inc.'s SNAP Snapchat, and Meta Platforms Inc. META

The group contended that the law infringes on free speech rights and is excessively broad and ambiguous.

"Foreclosing minors under sixteen from accessing all content on websites that the Act purports to cover, absent affirmative parental consent, is a breathtakingly blunt instrument for reducing social media's harm to children," the judge wrote.

He went on to say that it is unlikely that Ohio can prove the law is "narrowly tailored to any ends that it identifies."

Why It Matters: The Social Media Parental Notification Act was part of an $86.1 billion state budget bill sanctioned into law by Republican Governor Mike DeWine last July. It was touted as a strategy to safeguard children’s mental health.

As reported in February 2023, the law would require companies such as TikTok, Meta Platform Inc.’s Instagram, and others to secure approval from at least one parent before allowing minors under 16 to use the apps.

NetChoice has a history of successfully challenging similar restrictions, having won cases against similar laws in California and Arkansas.

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This content was partially produced with the help of Benzinga Neuro and was reviewed and published by Benzinga editors.

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