Parental Notification by Social Media Operators Act – Legally Challenged

The Parental Notification by Social Media Operators Act (O.R.C. 1349.09), approved by the General Assembly in July, was set to take effect throughout the state of Ohio on January 15, 2024. However, on January 9, a U.S. Southern District Court in Ohio issued a temporary restraining order (TRO) blocking implementation of the law after a tech industry group known as NetChoice filed suit claiming the law is unconstitutional. 

Under this law, social media operators would be required to obtain parental consent before establishing accounts for children under the age of 16. They also must present parents with a list of censoring or content moderation features. When consent is granted, operators must then send written confirmation of the account to the parent or legal guardian. When consent is not given, operators must deny the child access to the platform.

In cases in which operators fail to provide notification or a parent wishes to terminate a child's access, parents should contact the website operator who then has 30 days to terminate the child’s access. If parents are unsuccessful in the account being deleted, they are encouraged to file a complaint with the Ohio Attorney General’s Office at OhioProtects.org.

This new law does not require operators to notify parents about accounts created before January 15, 2024. OhioProtects.org features frequently asked questions regarding the law and offers additional resources for parents seeking information on the upcoming regulations.

Governor DeWine and Lt. Governor Husted issued a joint statement expressing frustration following court decision granting the TRO as they worked with these tech companies in drafting the law and to support children’s mental health.  The court will hear arguments on this matter on February 7 to determine if the stay should continue.