A federal appeals court has ruled that Ohio can enforce legislation requiring children under 16 to obtain parental consent before using social media platforms, marking a significant development in state-level efforts to regulate minors’ online activity.
TechSpot reports that the Cincinnati-based 6th US Circuit Court of Appeals issued a 2-1 decision overturning a lower court ruling that had previously blocked Ohio’s Social Media Parental Notification Act from taking effect. The law mandates that websites reasonably likely to be accessed by children under 16 must verify users’ ages and secure parental approval before allowing minors to create or use accounts.
The legislation was originally passed in 2023 and took effect in January 2024. However, it faced an immediate legal challenge from NetChoice, a technology industry advocacy group representing major platforms including Meta, TikTok, YouTube, Snap, and X. A federal judge initially found the law unconstitutional and blocked its implementation, but the appeals court has now reversed that decision and sent the case back with instructions to lift the block.
In the majority opinion, Judge Eric Clay acknowledged that the law does impose some burden on speech but argued it is narrowly tailored to address what Ohio identified as a compelling state interest. According to Clay, the legislation aims to protect children from online harms and prevent them from agreeing to platform terms of service without proper supervision.
“At bottom, the Act imposes a parental consent requirement,” Clay wrote. “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.”
The decision represents a rare victory for state efforts to restrict minors’ access to social media platforms, as similar laws in other jurisdictions have been blocked on free speech grounds. Ohio Attorney General Andy Wilson praised the ruling as a win for families, stating it provides parents with necessary tools to monitor and control what their children view online.
NetChoice has expressed strong opposition to the ruling, arguing that it threatens the privacy and constitutional rights of Ohio residents. The organization indicated it remains confident the law will ultimately be struck down in future legal proceedings.
The Ohio case arrives amid a broader international movement to limit children’s access to social media platforms. The United Kingdom recently confirmed plans for an under-16 social media ban expected to be implemented in spring 2027, covering major platforms including Facebook, TikTok, Instagram, YouTube, Snapchat, and X.
Australia became the first nation to implement a nationwide under-16 ban late last year, though reports indicate many younger users are already circumventing the facial age-estimation checks through various means, including virtual private networks and assistance from older friends.
Canada is among several other countries developing under-16 social media restrictions as part of an international effort driven by mounting concerns over mental health impacts, cyberbullying, addictive platform design, and children’s exposure to harmful content.
The Ohio law specifically targets platforms that are reasonably likely to be accessed by minors, requiring them to implement age verification systems and obtain documented parental consent before allowing users under 16 to create accounts or access services. This approach differs from outright bans by maintaining access for minors whose parents explicitly approve their social media use.
As states wrestle with the challenge of social media harm on young Americans, the even greater challenge of AI is quickly taking the stage. Breitbart News social media director Wynton Hall has written his instant bestseller Code Red: The Left, the Right, China, and the Race to Control AI to serve as the definitive guide on how the MAGA movement can create positions on AI that benefit humanity without handing control of our nation to the leftists of Silicon Valley or allowing the Chinese to take over the world.
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Lucas Nolan is a reporter for Breitbart News covering issues of AI, free speech, and online censorship.
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