The ruling overturns a previous block, allowing the state to require age verification for users under 16 on platforms like TikTok and Instagram.
A US appeals court has greenlit Ohio's controversial 2023 law forcing platforms like TikTok and Instagram to get parental consent for users under 16. The ruling overturns a block from 2024, clearing the way for one of the country's strictest social media age-verification mandates.
The decision from the 6th US Circuit Court of Appeals is a major blow to NetChoice, a tech industry group representing giants like Meta and YouTube. NetChoice had successfully challenged the law, preventing its enforcement until now. With this reversal, the "Parental Notification by Social Media Operators Act" is back in play.
Ohio’s law requires social media operators to get "verifiable consent" from a parent before a user aged 15 or younger can sign up. This effectively forces companies to implement age-verification systems for all new users in the state.
Companies that fail to comply face steep penalties, with potential fines reaching up to $10,000 per day.
In the ruling, US Circuit Judge Eric Clay dismissed the tech industry's arguments, calling the consent requirement a "marginal burden" compared to the state's goal of protecting kids. The court sided with the state's aim to shield children from harms like targeting by sexual predators and insufficient data privacy.
The decision also highlighted the risk of "exploitative contract terms," where teens might unknowingly sign away rights to their personal data without fully understanding the consequences.
Opponents, led by NetChoice, slammed the law as an infringement on First Amendment rights that "dictates how citizens communicate." The group remains confident the law "will ultimately be struck down permanently."
Beyond free speech, critics warn the law creates a cybersecurity nightmare. Digital rights groups argue that forcing platforms to collect government IDs turns them into a goldmine for identity thieves. Such systems could also lock out adults who lack the required documentation.
Ohio's legal fight is part of a larger, contentious trend to gate the internet for young users. Similar bills restricting minors' access to social media have been introduced in states like Florida, Louisiana, California, and Texas.
