Ohio's social media parental consent law has been on hold since January. Now, a trade group for technology companies is asking a judge to permanently block the law. At the same time, alternative approaches aimed at reducing the amount of time children spend on social media appear to be gaining momentum.
How we got here
During budget negotiations last summer, Ohio Gov. Mike DeWine required social media companies to obtain “verifiable” parental consent before allowing children under 16 to open accounts. Includes a clause that makes it mandatory. The House of Representatives rejected the idea, and the DeWine administration urged the public to reinstate the language. Lieutenant Governor Jon Husted, a driving force behind the idea, argued that social media is “leading to the deaths of young people,” citing stories of children experiencing mental health crises.
But the bill established a complex verification system that a federal judge described as a “breathtakingly blunt measure” to limit the harms of social media.
Technology industry group sues Ohio over social media parental consent law
There is one obvious problem. It's all about how you define “social media.”
The technology industry group NetChoice and the judge's opinion criticize the law's list of 11 factors for determining which websites are subject to consent requirements. This list includes some broad, undefined terms such as “language” and “design element.”
NetChoice and the judge found similar flaws in the law's carve-out for so-called “recognized” news organizations whose “primary purpose” is to report on “news and current events.”
“Such sweeping and subjective language effectively invites arbitrary application of the law,” the judge wrote in the preliminary injunction.
summary judgment
NetChoice's motion for summary judgment builds on earlier filings. The organization's first goal was to legitimize Internet use among teenagers. NetChoice claims that kids are using the internet for “expression, education, and civic engagement” beyond just posting memes.
NetChoice adds, “They also pursue academic and extracurricular activities, present their artwork, shine a light on worthy causes, find community, share advice, and support their peers.” Ta.
But the scope of Ohio's consent law threatens their access.
The filing does not explain how the law's 11-factor scheme determines whether a site is being accessed by a 15- and 16-year-old (the age defined by Ohio law). Not yet. NetChoice notes that this list is not exhaustive, as it is structured as factors that “may” be considered by state attorneys general.
NetChoice states, “Given the intentionally free and open nature of the Internet in the United States, websites of all types, even those primarily aimed at adults, should not be 'reasonably accessible to users under the age of 16. “can be predicted in terms of accuracy.''
NetChoice argues that the law's broad scope raises questions without satisfactory answers. With the exception of well-recognized news organizations, his access to the New York Times and his CNN would likely be protected. But when it comes to local news outlets, NetChoice has its doubts. Can they be said to be “widely known”?
Conversely, it would be difficult to argue that websites like Facebook fall within the scope of this law. But Dreamwidth, which allows users to post writing and art, would also be subject to the law. Facebook's monthly active users exceeded 3 billion in the fourth quarter of 2023. Dreamwidth receives about 2 million unique visitors annually, according to court filings.
DreamWiz points out that fines under this law would “exceed 2022's net income by the 19th day and exceed the entire 2022 gross receipts by the 95th day for a single mistake.” did. The company added that even if no fines were imposed, the cost of compliance “would be materially prohibitive.”
NetChoice added that the law does nothing to protect children from bullies and sex offenders once parents consent. It also aims to limit minors' access to social media platforms, although websites are likely to be forced to verify the age and identity of all users, with the ability to browse anonymously. will be limited.
“Ohio's law fails the state's purpose to protect children and violates their constitutional rights,” NetChoice Litigation Center Director Chris Marchese said in a press release announcing the filing. said. This undermines the privacy and safety and constitutionally protected free speech rights of all Ohioans, regardless of age. ”
From a lawmaker to an Ohio student: Screen time is over, kids.
Do the doors close and the windows open?
While the state's social media consent law appears to be on shaky ground, consensus may be emerging on a range of measures to prevent children from using social media. And even though a judge described Ohio's law as a blunt instrument, an even blunter approach is gaining traction, perhaps by simply taking away children's cellphones.
In his recent State of the State address, Gov. Mike DeWine encouraged lawmakers to devise an alternative to Ohio's social media consent law that would minimize students' access to cell phones in schools. He also supported the movement.
Some school districts around Ohio have already taken the lead in restricting access to phones, and DeWine asked DeWine at a roundtable ahead of his State of the State address to consider enforcing the policy statewide. I encouraged them to do so. Schools outside of Ohio have had success by putting cell phones in separate locking pouches.
Last month, the state Senate added school cell phone provisions to an unrelated bill that had already passed the House and sent it back across the floor.
This law requires every school district in the state to develop student cell phone policies to limit use during class hours to the extent possible and specifically to reduce phone-related distractions during class. , which must be posted. Exceptions apply to students whose personal education plan allows a device to assist with learning or monitor health concerns.
House Speaker Jason Stevens did not immediately embrace the approach, but House members now have competing proposals awaiting hearings.
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