Ohio Appeals Court Upholds Parental Consent Law for Children's Social Media Use

A divided federal appeals court has ruled that Ohio can enforce a law requiring children under 16 to obtain parental consent before using social media platforms. The 2-1 decision by the Cincinnati-based 6th U.S. Circuit Court of Appeals overturns a lower court ruling that had blocked the Social Media Parental Notification Act since early 2024.

The law, passed in 2023, requires platforms reasonably likely to be accessed by minors to verify user ages and obtain parental approval before allowing account creation. It took effect in January 2024 but was quickly halted after a challenge from NetChoice, a tech industry group whose members include Meta, TikTok, YouTube, Snap, and X.

Court cites compelling interest in protecting children

Judge Eric Clay, writing for the majority, said the law imposes a "marginal burden" on speech but precisely targets Ohio's identified compelling interest: protecting children from online harms and unsupervised agreement to platform terms. The court sent the case back with instructions to lift the block. Ohio Attorney General Andy Wilson called the decision a win for families, giving parents tools to oversee children's online activity. NetChoice disagreed, arguing the ruling threatens privacy and constitutional rights, and said it remains confident the law will eventually be struck down.

• The law applies to platforms like Instagram, TikTok, YouTube, and Snapchat.
• It requires age verification and parental consent for users under 16.
• The ruling is a rare win for state-level restrictions after similar laws elsewhere were blocked on free speech grounds.
• NetChoice plans to continue legal challenges.

Global momentum for under-16 social media bans

The Ohio decision arrives as governments worldwide move to limit children's access to social media. The United Kingdom recently confirmed an under-16 social media ban expected in spring 2027, covering Facebook, TikTok, Instagram, YouTube, Snapchat, and X. Australia became the first country to introduce a nationwide under-16 ban late last year, though many younger users have found ways around facial age-estimation checks using VPNs or help from older friends. Canada is among several other countries planning similar restrictions, driven by concerns over mental health, bullying, addictive design, and exposure to harmful content.

However, age verification technology remains controversial. Rights groups recently criticized the UK Home Office's AI-based age estimation system for asylum-seekers as biased and inaccurate, unable to reliably distinguish between children and adults at the boundary where it is used. Such concerns highlight the challenges of implementing age checks at scale without infringing on privacy or producing false results. As more jurisdictions adopt parental consent and age verification laws, the debate over balancing child safety with free expression and privacy rights is likely to intensify.