US Appeals Court Backs Ohio's Social Media Limits for Minors
A US appeals court ruled on Thursday that Ohio can enforce a law mandating social media companies, such as Meta Platforms' Instagram, to secure parental permission before permitting access to children under 16 on their platforms.
A panel of the Cincinnati-based 6th US Circuit Court of Appeals, by a vote of 2-1, reversed a lower-court decision that temporarily halted the law upon a request from the tech industry association NetChoice. The panel determined that the law did not infringe upon free speech rights protected by the First Amendment of the US Constitution.
NetChoice stated that the court ruling endangers the online privacy and constitutional rights of Ohio citizens, yet the organization "is completely assured that this unconstitutional law will eventually be permanently overturned."
Ohio Attorney General Andy Wilson remarked in a statement that the choice "equips parents with resources to engage and maintain oversight."
The decision occurs as countries globally, such as Australia, seek to limit children's access to social media, demonstrating increasing worries among legislators regarding the impact of these platforms on the health and safety of youth.
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The Ohio case is part of a series of legal battles that NetChoice has been engaging in to block states from enforcing laws that officials argue are essential for safeguarding children from the mental health risks associated with social media.
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The Ohio law, referred to as the Social Media Parental Notification Act, was enacted by the state's legislature in 2023 and became effective in January 2024, but was swiftly halted from enforcement by US District Judge Algenon Marbley.
The law mandates that website operators who can reasonably expect to have visitors under 16 verify the age of those users. It offers an 11-factor checklist to assess if a website fits that definition, including specific exceptions.
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NetChoice, representing members like TikTok, Alphabet’s YouTube, and Facebook and Instagram's parent Meta, contended that the law was unconstitutionally vague and unjustly limited children's access to content safeguarded by the First Amendment.