US Appeals Court Allows Ohio State to Move Ahead with Tough Social Media Restrictions for Children

Ohio can move forward with a law requiring social media companies, including Meta Platforms, to obtain parental consent before allowing children under 16 to use their platforms, after a US appeals court ruled in favour of the state on Thursday.

A 2-1 panel of the Cincinnati-based United States Court of Appeals for the Sixth Circuit overturned a lower court decision that had placed the law on hold following a challenge by tech industry trade group NetChoice. The panel found that the legislation did not violate free speech protections under the First Amendment of the US Constitution.

NetChoice said the ruling threatens the online privacy and constitutional rights of Ohio residents, but maintained that it remains confident the law will eventually be struck down permanently.

Ohio Attorney General Dave Yost said the decision gives parents greater tools to remain involved in and oversee their children’s online activity.

The ruling comes as governments worldwide, including Australia, move to tighten restrictions on children’s access to social media, amid growing concerns among lawmakers over the impact of these platforms on young people’s health and safety.

The Ohio case forms part of a wider series of legal challenges being pursued by NetChoice to block state laws that authorities argue are necessary to shield children from the mental health risks associated with social media.

The law, known as the Social Media Parental Notification Act, was passed by Ohio’s legislature in 2023 and came into effect in January 2024, before being swiftly blocked by US District Judge Algenon Marbley.

The legislation requires operators of websites likely to be accessed by children under 16 to verify users’ ages. It also provides an 11-factor framework to determine whether a website falls under its scope, alongside certain exemptions.

NetChoice, whose members include TikTok, Alphabet Inc.’s YouTube, and Meta-owned Facebook and Instagram, had argued that the law was unconstitutionally vague and unfairly restricted children’s access to content protected by the First Amendment.

However, US Circuit Judge Eric Clay, writing the majority opinion, said that while the law imposes some burden on protected speech and affects how social media companies distribute content, it was narrowly tailored to address Ohio’s compelling interest in protecting children.

The court concluded that the law’s parental consent requirement places only a limited burden while directly targeting what Ohio identified as the broader problem of children agreeing to platform terms and conditions without adequate parental supervision.

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