Starting next week, the state of Ohio will require social media platforms to obtain parental consent before a child under the age of sixteen creates an account on their websites. However, an association by the name of NetChoice is now challenging this law on the belief that it violates the first amendment right of free speech and free press.
“Ohio has decided that the government—in the first instance—should decide what speech is appropriate for minors on the internet,” NetChoice said. “The act restricts minors’ access to covered websites unless a parent provides ‘verifiable’ consent through a state-mandated means.” The association filed its lawsuit against the Ohio Attorney General Dave Yost.
This law, known as the Parental Notification by Social Media Operators Act (PNSNOA), would require platforms such as TikTok and Instagram to find a way to verify a child’s age, and obtain parental consent before the account can be made. NetChoice argues that, rather than imposing restrictions on users and platforms through required parental consent, a more effective approach would involve offering parents educational resources to enhance their understanding of potential risks associated with their child’s use of social media.
“We at NetChoice believe families equipped with educational resources are capable of determining the best approach to online services and privacy protections for themselves,” Chris Marchese, director of the NetChoice Litigation Center said. “With our lawsuit, we will fight to ensure all Ohioans can embrace digital tools without their privacy, security, and rights being thwarted.”
Under the law, these platforms are required to obtain parental consent by doing at least one of the following:
- Require a parent or legal guardian to sign and return a form consenting to the child’s use or access.
- If a payment is necessary, require the parent to use a credit card, debit card or other payment system that provides n notification for each separate transaction.
- Require a parent or legal guardian to call a telephone number to confirm the child’s use or access.
- Require a parent or legal guardian to connect through videoconference to confirm the child’s use or access.
- Verify a parent’s or legal guardian’s identity by checking their ID.
Parental Support for PNSNOA
This new law has raised much controversy between parents and tech companies. Of course, the companies themselves are opposed to PNSNOA however, some Ohio parents have expressed excitement over the law under the belief that it will safeguard their children from the dangers of social media. “I actually like it,” said Kenyetta Whipple, a mother from Youngstown, Ohio. “It’s scary nowadays because you can talk to a complete stranger with the click of a button, and I have a young daughter. And I just feel like we’re living in a world where there is just too much free access to our kids. You can access someone’s locations, videos, and pictures, and a lot of children are naïve.”
The inherent purpose of this law to protect children from “harmful content” and potential obsessions. As Attorney General Yost noted in a statement, “in filing this lawsuit, these companies are determined to go around parents to expose children to harmful content and addict them to their platforms. These companies know that they are harming our children with addictive algorithms with catastrophic health and mental health outcomes.”
NetCoice has also sued California and Arkansas for the enactment of laws similar to PNSNOA. The association has prevailed in both cases and neither states were permitted place such restrictions on the social media platforms and its young users.
Jacob Horowitz is a contributing editor at Compliance Chief 360°