A federal judge in Columbus, Ohio has extended the block on enforcement of an Ohio law that would require children under 16 to obtain parental consent before using social media apps. The decision was made by U.S. District Court Judge Algenon Marbley, who granted a preliminary injunction while a lawsuit filed by NetChoice, a trade group representing major tech companies such as TikTok, Snapchat, and Meta, proceeds through the courts.

NetChoice is fighting the law, arguing that it is overly broad, vague, and unconstitutional, as it hinders free speech. Similar laws have been enacted in other states, including California and Arkansas, where NetChoice has successfully won lawsuits. Judge Marbley stated in his decision that NetChoice is likely to prevail on its First Amendment speech freedom arguments.

The law, originally set to take effect on January 15th, requires parental permission for children to use social media and gaming apps. It also mandates that companies provide privacy guidelines to inform families about the content that may be censored or moderated on their child's profile. The Social Media Parental Notification Act was included in an $86.1 billion state budget bill signed into law by Republican Governor Mike DeWine in July. The aim of the law was to protect children's mental health, with Lieutenant Governor Jon Husted stating that social media platforms were intentionally addictive and harmful to kids.

Following the decision, Lieutenant Governor Husted expressed disappointment but emphasized that it would not deter the state from protecting children from the negative impacts of social media algorithms. He criticized social media companies for refusing to take responsibility for the crisis of depression, suicide, bullying, and sexual exploitation among children. He stated that if these companies do not act responsibly, they must be held accountable.

However, Judge Marbley pointed out that the Ohio law does not prevent children from exploring the internet once they have obtained parental permission. He also noted that the law does not target specific social media features, such as "infinite scrolling," which have been identified as potentially harmful. Marbley found it questionable that the act allows children to access established and widely recognized news media outlets without defining what that means, while prohibiting access to product reviews but not service or art reviews.

NetChoice filed a lawsuit against Ohio Attorney General Dave Yost in January, leading to Marbley issuing a temporary injunction shortly after. This recent ruling by Marbley prevents Ohio from implementing the law indefinitely, as the litigation continues. It is the latest in a series of court decisions blocking state laws aimed at protecting young people online, as lawmakers at the federal and state levels seek ways to address concerns about the mental health risks posed by social media platforms.

Governor DeWine expressed disappointment with the ruling, citing overwhelming evidence of the negative effects of social media on minors' mental health. He called for Congress to take action to protect the country's children, as federal courts interpret constitutional law as preventing Ohio from implementing its own measures. NetChoice has previously succeeded in blocking similar laws in Arkansas and California and is currently challenging restrictions in Utah.