Ohio Looks To Take On Social Media—But The Platforms Are Fighting Back

A new law that would have required children in Ohio to get parental consent to use social media apps has been challenged in the courts, and it won’t be until next month that a hearing will determine whether the law should remain on hold while the case plays out.

Ohio’s Social Media Parental Notification Act was part of the Buckeye State’s $86.1 billion state budget bill that was signed into law by Republican Governor Mike DeWine last July.

DeWine had pushed the measure as an effort to help protect children’s mental health.

However, a trade group representing TikTok, Snapchat, Meta, X and other tech companies filed a lawsuit last week seeking to block the law from taking effect. NetChoice filed the suit against Ohio’s Attorney General Dave Yost in the U.S. District Court for the Southern District of Ohio, arguing that the law violates free speech and that it is overly board and vague.

“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 NetChoice’s litigation center, said in a statement. “With NetChoice v. Yost, we will fight to ensure all Ohioans can embrace digital tools without their privacy, security and rights being thwarted.”

The group has won lawsuits against similar restrictions in Arkansas and California.

Showdown In The Heartland

It is unclear how the case could play out in Ohio, even as the trade association has suggested it violates free speech.

“There is significant momentum behind the push for children’s social media restrictions and protections, which is likely to influence the passage of Ohio’s bill. Although social media companies are pushing back on the legislation, the bill is similar to COPPA—the Children’s Online Privacy Protection Rule—which requires social media websites to obtain parental permission before collecting information from children under age 13. Because there is precedent, as well as increased public awareness of social media consequences, social media companies will have an increasingly difficult time combating relevant legislation,” explained Dr. Mary Jean Amon, professor in the School of Modeling, Simulation, and Training at the University of Central Florida.

Amon added that there are good reasons to place at least some restrictions on children when it comes to accessing social media. Already on the international level, the United Nations Convention on the Rights of the Child has acknowledges children’s right to privacy and provides guidelines for ensuring children’s rights online, with emphasis on children’s best interests and respect for their viewpoints.

“Notably, the United States is the only member of the United Nations that has not ratified the UNCRC,” said Amon. “However, multiple bills are being forwarded in the United States, for example, to protect child ‘influencers’ from exploitation or limit children’s social media usage. As we become generally more aware of social media benefits and drawbacks, it is inevitable that new protections or restrictions will be forwarded and, as a consequence, social media companies will have to grapple with how to change their practices in this shifting policy landscape.”

Will Other States Follow Suit?

Regardless of how this lawsuit plays out, it is likely there will be future laws on the books to address the access by minors to social media.

“If we look at other national and international social media policy, there is a tendency for policy to spread to additional jurisdictions,” suggested Amon. “Legislation to protect child ‘influencers’ from exploitation has recently passed in Illinois and Washington and is now being forwarded in states such as Maryland and California. The bills differ in their details, but a successful bill in one state signals to other stakeholders what is possible for them to advocate for or against in their home state.”

Will The Laws Matter?

The law in Ohio only requires parental consent, and in a way isn’t that much different from ratings on video games or other media. Parents could still approve of the use of social media, only to be unaware of what their children are seeing or doing.

For those reasons, the legal action may not make that much of an impact even if it goes into effect.

“Parents who are already involved and invested in the lives of their children have mechanisms available to limit social media use in their children when they believe it is necessary,” said Dr. Stacie Pettit, associate professor of Teacher Education at Augusta University.

“They will continue to do so without a law,” Pettit continued. “Those parents who do not see the harm in the social media use or who are not concerned with what their children do online will allow their children to use it by approving it even with the law. In my view, although the intent may be to help the mental health crisis, unfortunately, this law seems to just cause unnecessary red tape and extra costs.”