In a legal move on Friday, the internet trade association, NetChoice, initiated a lawsuit against the state of Ohio, aiming to prevent the enactment of social media regulations into law.
NetChoice, whose members include major tech giants such as Meta Platforms (parent company of Facebook and Instagram), Snap Inc. (parent company of Snapchat), and TikTok, filed for an injunction against Ohio’s Social Media Parental Notification Act. The association argues in its federal court filing that the act is overly broad and infringes upon the First and Fourteenth Amendments of the Constitution.
The Social Media Parental Notification Act, incorporated into the state budget over the summer, mandates that social media and gaming platforms obtain parental consent before allowing any individual under the age of 16 from Ohio to access their services. Initially set to take effect on January 15, the law’s implementation is now uncertain due to the legal challenge.
In response to NetChoice’s lawsuit, Lt. Gov. Jon Husted criticized the move, characterizing it as “cowardly.” Husted argued that by filing the lawsuit, the companies affiliated with NetChoice aim to bypass parental control, potentially exposing children to harmful content and fostering addiction through their platforms. Governor Mike DeWine, Husted, and other Ohio legislative leaders had advocated for the law, emphasizing its role in safeguarding children’s mental health.
NetChoice countered by asserting that its members already have measures in place to protect users, contending that parents should retain the authority to decide whether a platform is suitable for their children.
In a media release, NetChoice spokesperson Krista Chavez acknowledged the good intentions of Ohio lawmakers concerning youth mental health but criticized the chosen path, stating that it violates constitutional rights and undermines parental authority.
An initial hearing on the case, scheduled to take place Monday, had to be rescheduled after the assigned judge recused herself. As of Monday morning, a new date for the hearing with the newly assigned judge had not been set.
It’s worth noting that NetChoice has secured preliminary injunctions in Arkansas and California over similar provisions, further signaling the contentious nature of these regulatory measures.