The NetChoice group indicated that it would appeal the Sixth Circuit Court of Appeals’ decision
A Sixth Circuit Court of Appeals panel in Cincinnati has ruled in a 2-1 decision that the Social Media Parental Notification Act, Ohio’s law requiring parents to consent to the use of social media by under-16s, must be reinstated.
Per The Associated Press, the panel judged that the law was not unconstitutional. The legislation has been sent back to a lower court to lift the ban on its enforcement.
The trade group NetChoice – which represents TikTok, Snapchat, and Meta – had challenged the law in a 2024 suit on the grounds of broadness and vagueness. The group also claimed that the law restricted free speech.
“At bottom, the Act imposes a parental consent requirement. 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,” judge Eric Clay wrote in a snippet of the lead opinion published by AP News.
Judge Alice Batchelder added that the broadness of a statute did not mean it was vague.
The Social Media Parental Notification Act was included in a US$86.1 billion state budget bill signed into law by Ohio governor Mike DeWine in July 2023. The law mandates that companies must secure parents’ approval for social media and gaming apps; companies must also disclose privacy guidelines so parents are aware of content that would be blocked or moderated on children’s profiles.
“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. This decision gives parents the tools to be involved and provide oversight,” said Ohio attorney general Andy Wilson in a statement published by AP News.
NetChoice Litigation Center director Paul Taske pushed back against the court ruling; the group said in a statement published by AP News that it defied “clear national consensus.” NetChoice indicated that it would sustain its challenge.
“An unconstitutional law protects no one, and we remain focused on ensuring the First Amendment rights of Ohioans are protected,” Taske said in a statement published by AP News.
NetChoice had previously prevailed over similar digital identification legislation in Arkansas, Louisiana, and Georgia.
