Federal appeals court rules Ohio can require parental consent for children under 16 on social media

A federal appeals court ruled Thursday that Ohio can enforce a law requiring parental consent before children under 16 can use social media, handing a victory to state officials who argue the platforms pose risks to young users.

In a 2-1 decision, the 6th U.S. Circuit Court of Appeals overturned a lower-court ruling that had blocked enforcement of Ohio's Social Media Parental Notification Act. The dissenting judge argued that the law likely imposes unconstitutional restrictions on minors' access to protected speech, reflecting concerns that had previously led a lower court to block the measure.

The law, which was passed by the Ohio legislature in 2023 and took effect in 2024, requires certain websites and social media platforms to verify users' ages and obtain parental consent before users under 16 can create or use accounts.

The measure includes an 11-factor test for determining whether a website is likely to be accessed by children, along with several exceptions.

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Ohio officials have said the law is intended to protect children from online harms, including exposure to harmful content, excessive social media use and data-collection practices

The law was put on hold following a legal challenge by NetChoice, a technology industry trade group whose members include YouTube, TikTok and Meta, the parent company of Facebook and Instagram.

NetChoice argued that the law was unconstitutionally vague and improperly restricted minors' access to speech protected by the First Amendment. The group has also argued that age-verification and parental-consent requirements can force users to disclose personal information before accessing protected online speech.

The appeals court disagreed.

"At bottom, the Act imposes a parental consent requirement," U.S. Circuit Judge Eric Clay wrote in the court's lead opinion.

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"That requirement constitutes a marginal burden that precisely targets the multi-faceted problem that Ohio has identified: Children’s unsupervised assent to terms and conditions for use of platforms that take advantage of and harm them," he added.

In a statement provided to FOX Business, Ohio Attorney General Andy Wilson called the ruling a "win for Ohio families."

"The court agreed that parents — not social media companies — should get a say in what kids see online," Wilson said. "We have an obligation to keep our children safe, and today, the most dangerous place for our kids is the internet."

"This decision gives parents the tools to be involved and provide oversight," he added.

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NetChoice has mounted legal challenges to similar laws across the country aimed at restricting children's access to social media.

NetChoice criticized the ruling in a statement to FOX Business, arguing that it threatens the privacy and constitutional rights of Ohio residents. The group said it remains "fully confident" that the law will ultimately be struck down.

"An unconstitutional law protects no one, and we remain focused on ensuring the First Amendment rights of Ohioans are protected," Paul Taske, director of the NetChoice Litigation Center, said in a statement.

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"Parents must remain in the drivers’ seat for parenting decisions," Taske continued. "Ohio cannot step in and make those decisions in the first instance. But Ohio’s digital-ID law discards that constitutionally required dynamic. By requiring parents to override the government’s determination, Ohio has violated bedrock First Amendment principles."

Taske said NetChoice is reviewing its legal options moving forward.

Reuters contributed to this report.