A federal judge has prolonged the halt on enforcing an Ohio law requiring children under 16 to obtain parental consent for social media app usage while a legal battle unfolds.
The decision, made by US District Court Judge Algenon Marbley, blocks the law’s enforcement until the lawsuit filed by NetChoice progresses through the courts. NetChoice, representing major tech firms like TikTok and Meta, deems the law excessively broad, vague, and infringing upon free speech rights.
Originally scheduled for January 15 implementation, the law mirrors ones enacted in other states, where NetChoice has already secured legal victories.
Marbley’s ruling favors NetChoice’s First Amendment arguments, suggesting that the law could impede speech freedom. He notes that the legislation fails to target specific online dangers and permits parental approval for account creation without ongoing protections against potential harms of social media.
The law mandates parental permission for children’s social media and gaming app usage and requires platforms to disclose privacy guidelines.
However, Marbley questions its effectiveness, highlighting inconsistencies such as exempting access to established news outlets without clear definitions while restricting other types of content.
Ohio’s Republican Administration’s Rationale
Ohio’s Republican administration advocated for the law as a safeguard against the perceived negative impact of social media on children’s mental health.
Despite the setback of Marbley’s decision, Republican Lt. Gov. Jon Husted remains committed to addressing social media’s adverse effects on children, blaming companies for not taking sufficient responsibility.
The judge’s scrutiny extends to the law’s selective restrictions, such as prohibiting access to product reviews while allowing reviews for services or art. NetChoice’s lawsuit against Ohio’s Attorney General Dave Yost underscores the contentious nature of the legislation, with Marbley previously issuing a temporary injunction.
In conclusion, Marbley’s decision to extend the block on the Ohio law reflects ongoing concerns over its constitutionality and effectiveness in safeguarding children online.
The legal battle between tech companies and lawmakers underscores the complex issues surrounding children’s internet usage and the regulation of social media platforms.
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