Internet freedom group sues to block Ohio’s social media parental consent law
COLUMBUS, Ohio (WCMH) — An internet freedom trade association has asked a federal court to block Ohio’s social media parental consent law from going into effect.
NetChoice, an association of companies including Amazon, Google, TikTok and other online businesses, challenges that the state’s new law requiring parental consent for social media accounts for children under 16 violates internet users’ First Amendment rights and imposes invasive identification requirements that put people’s privacy at risk. The federal complaint, filed Friday, seeks to stop the law from going into effect on Jan. 15.
The “Parental Notification by Social Media Operators Act,” which lawmakers passed as part of the budget in July, requires social media companies to verify the age of users and seek parental consent before allowing children under 16 on the platforms.
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Social media companies will have to develop methods to verify users’ ages, whether by asking for government identification, credit or debit card information, or using a digital consent form. For users under 16, companies must get “verifiable parental or legal guardian consent” and send written confirmation to parents.
NetChoice contends that the law violates the free speech rights of social media companies and their users by unduly restricting access to platforms. The law may protect children from exposure to harmful content, but it also unfairly blocks them from accessing content that is neither dangerous nor obscene, the association argues in its complaint.
“We at NetChoice believe families equipped with educational resources are capable of determining the best approach to online services and privacy protections for themselves,” Chris Marchese, director of the group’s litigation center, said in a release. “With NetChoice v. Yost, we will fight to ensure all Ohioans can embrace digital tools without their privacy, security and rights being thwarted.”
The internet company association challenged the law’s identification mandate as unfairly requiring sensitive personal information for all users, regardless of age, to access social media platforms. Additionally, it unconstitutionally singles out social media websites and applications as opposed to other websites where children may be able to consume harmful content.
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NetChoice has successfully sued other states for similar social media laws, including California and Arkansas. A bipartisan bill to require parental consent for those under 18 to use social media was introduced at the federal level last April, one of many attempts by state and federal lawmakers to curb children’s access to potentially harmful material.
Lt. Gov. Jon Husted, a main proponent of the social media law, called the complaint “cowardly” and accused social media companies of trying to “go around parents to expose children to harmful content.”
“These companies know that they are harming our children with addictive algorithms with catastrophic health and mental health outcomes,” Husted said in a statement. “Research has been very clear about what spending excessive time on these platforms is doing to our kids; they are struggling in school, being bullied, their sleep is being disturbed, they are dealing with body image issues, and much more.”
Husted and Gov. Mike DeWine have touted the law as crucial step in addressing mental health issues in children. A Surgeon General advisory released last year on children’s mental health found that social media use is correlated with increased anxiety and depression, with nearly two-thirds of adolescents reporting frequent exposure to “hate-based content” online.
Read the complaint below.
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