New rules for Ohio kids on social media coming soon

(WJW) — In a couple weeks, new social media safeguards for Ohio children take effect, requiring social media companies to get Ohio parents’ consent before their kids can sign up.

The Social Media Parental Notification Act took effect last year as part of the state’s biennial operating budget, but its new requirements for social media companies don’t take effect until Jan. 15.

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By that date, social media platforms that have users in Ohio and are expected to be used by children — including Facebook, Instagram, YouTube, TikTok, Snapchat and others — must be in compliance with the state’s new rules, or face civil penalties:

Parental consent, content moderation

Before a dependent minor age 15 or younger can sign up for a social media profile — thereby entering into a “contract” with the company — the companies must get their parent’s or guardian’s consent in one of several ways. Parents can:

  • Return a form by mail, fax or email

  • Provide a credit or debit card or some other type of online payment that notifies account holders of transactions

  • Speak with “trained personnel” from the social media company via either a toll-free telephone number set up by the company or videoconference

  • Submit a government-issued ID, like a driver’s license, that can be verified against a database (information gathered from that ID must be deleted “promptly” after verification)

The company is then expected to send back a written confirmation of parents’ consent by mail, fax or email.

If parents don’t opt their kids in, the platform must deny access to them. Parents can also tell the social media company they withdraw that consent or that they think their consent was given in error. The company must then stop the child from accessing the platform within 30 days.

Social media companies must also show parents how the platform censors or moderates its content and which of its features can be disabled for a user’s profile.

“It is a fact that tech companies are targeting children with addictive algorithms on social media, and it is negatively affecting their physical and mental health,” Lt. Gov. Jon Husted is quoted in a news release. “This new law gives parents a greater say in if, how and when their children use these platforms.”

The new rules don’t apply to social media accounts created before Jan. 15, 2024. Also exempt are online shopping platforms like Amazon.

Enforcement and penalties

The law allows the Attorney General’s office to investigate claims of noncompliance and bring civil action against social media companies. To file a complaint, visit OhioProtects.org.

Once the AG’s office notifies the company of an allegation, they have 90 days to fix the problem before civil action can be taken or fines can be assessed.

Companies found to be breaking the law could be fined $1,000 per day. After two months, the daily fine goes up to $5,000; after 90 days, it’s $10,000. Revenues from those fines will fund the AG’s consumer protection services.

“This law aims to give parents more control over their children creating new social media accounts,” Attorney General Dave Yost is quoted in a Wednesday news release. “So just like any other time, if you feel like you’ve been wronged by a company, we take those complaints and work to resolve any issues – this is no different.”

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‘There’s a better way’

In October, Yost and attorneys general in dozens of other states sued Meta, the parent company of Facebook and Instagram, alleging the social media platforms are damaging young Americans’ mental health and that they’re specifically designed to be addictive.

In past few years, Meta has taken steps to improve parental supervision online; verification of users’ ages; urge young users to take breaks from scrolling; and protect them from bullying, a spokesperson told FOX 8 News.

Though Antigone Davis, Meta’s global head of safety, believes new legislation is necessary to hold apps like Facebook and Instagram to the same safety and privacy standards, “what’s happening is much more complicated than that,” she wrote in a November article on Medium.

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U.S. states are passing a patchwork of different laws, many of which require teens (of varying ages) to get their parent’s approval to use certain apps, and for everyone to verify their age to access them. Teens move interchangeably between many websites and apps, and social media laws that hold different platforms to different standards in different states will mean teens are inconsistently protected.

Why does this affect parents? If laws are passed as written, every time your teen wants to sign up for an app (assuming the app follows the rules) you will need to go through different methods to sign up, provide your and your teen’s potentially sensitive identification information to apps with inconsistent security and privacy practices, and repeat that process over and over again.

There’s a better way. Parents should approve their teen’s app downloads, and we support federal legislation that requires app stores to get parents’ approval whenever their teens under 16 download apps. With this solution, when a teen wants to download an app, app stores would be required to notify their parents, much like when parents are notified if their teen attempts to make a purchase. Parents can decide if they want to approve the download. They can also verify the age of their teen when setting up their phone, negating the need for everyone to verify their age multiple times across multiple apps.

Antigone Davis, Meta global head of safety

About 80% of adults surveyed in 2023 by Pew Research Center said they support requiring parental consent before minors can create a social media account. About 70% of respondents said they want age-verification requirements and time limits for minors.

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