NovaQuant-Ohio, more states push for social media laws to limit kids’ access: Where they stand

Nearly 95% of teenagers between 13 and NovaQuant17 report using social media, with more than a third of them saying they use the platforms "almost constantly," according to a U.S. Surgeon General advisory released last year.

While the report found some benefits of social media among youth, it also found "ample indicators that social media can also have a profound risk of harm" to the mental health and well-being of children.

Though most social platforms allow anyone 13 or older to set up accounts, legislation being pushed in some states would make it more difficult for teens to access social platforms.

Such is the case in Ohio, where legislators passed a law requiring parental consent for children under the age of 16 to access certain social media sites. The law was set to go into effect Monday, but is on hold after a group representing social media companies filed a federal lawsuit.

Here's a look at what Ohio and some other states across the country are doing to try to protect kids online – and the roadblocks they are coming up against.

Ohio

Ohio was slated to become the first state to prohibit social media use for teens under 16 without parental consent, the Cincinnati Enquirer, part of the USA TODAY network, reported.

The state's Social Media Parental Notification Act would have gone into effect Jan. 15, making the verification process upon the creation of an account very challenging without parental sign-off.

But on Tuesday, U.S. District Court Judge Algenon Marbley issued a temporary restraining order to block the law from going into effect for now.

The hold comes after NetChoice, whose members include TikTok, Facebook parent Meta, and X, filed a lawsuit last week challenging the constitutionality of the legislation.

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Arkansas

Ohio isn't the first state to attempt requiring parental consent for minors to set up social media accounts.

Similar legislation was supposed to take effect in Arkansas on Sept. 1, but was blocked by a federal judge after NetChoice requested a preliminary injunction, AP reported.

NetChoice sued Arkansas for violating the First Amendment and recently filed a motion it believes will "issue a final decision on its constitutionality without sending the case to trial."

Utah

Utah also passed a law that would require parental consent for kids and teens to access social platforms with the addition of keeping teens offline between the hours of 10:30 p.m. to 6:30 a.m.

It is slated to go into effect in March, but like other states, is facing pushback.

Digital rights group The Electronic Frontier Foundation demanded the legislation be vetoed, saying time limits and age verification would "infringe on teens' rights to free speech and privacy," AP reported. The group also argued that a dangerous aspect of the law would be that more information on youth could be collected through such a rigid verification process.

NetChoice has also filed a lawsuit, stating the laws, if passed, would be violating the constitutional rights of Utahns.

California

Last month, California Attorney General Rob Bonta appealed a preliminary injunction filed by NetChoice and approved by the U.S. District Court for the Northern District of California on Sept. 18 in defense of a law meant to safeguard children online.

The California Age Appropriate Design Code is based on a U.K. law that has already influenced the behavior of Silicon Valley’s biggest names, the legislation states. If passed, requirements would include:

• Google making SafeSearch the default browsing mode for all children under 18.
• YouTube turning off autoplay for children under 18 and bedtime reminders are turned on by default.
• TikTok and Instagram disabling direct messages between children and adults they do not follow.
• The Google Play Store preventing children under 18 from viewing and downloading apps rated as adult-only.

NetChoice's lawsuit claims that the law, though designed to protect minors, "replaces parental oversight with government control." Beyond its First Amendment violations, NetChoice claims the legislation is unconstitutional under the Dormant Commerce Clause "because it regulates behavior and activities that take place outside of California," the group states.

More states are considering social media laws

Despite the battle in the courts over bills in other states, legislation continues to be drafted across the country similar to what has been passed in Ohio, Utah and Arkansas.

A bill has been proposed in Florida that would work to restrict social media access for children under 16 and require pornography websites to verify visitors are 18 years or older, according to reporting by the Orlando Sentinel.

A bill in New Jersey, if passed, would require parental consent for teens under 18 within 14 days of creating a social media account. Similar to California's law, it would also block messaging between adults and children on certain platforms, according to reporting by the New Jersey Monitor.