Lawmakers in the Ohio Senate have reinstated Governor Mike DeWine‘s requirement for verified parental consent before children use social media in their version of the state budget.
DeWine included the Social Media Parental Notification Act in the executive budget for 2023-24, which he submitted to the Ohio General Assembly in February. In April, the House Finance Committee removed the proposal from the budget in favor of a potential separate bill.
At the urging of Lt. Governor Jon Husted, lawmakers in the Ohio Senate have now reinstated the proposal into the state budget.
Hayley Carducci, press secretary for Husted, told The Ohio Star that the Ohio Senate reinstating the proposal into the budget pleases the lieutenant governor.
“The Lt. Governor is pleased that the Senate included the Social Media Parental Notification Act in their version of the budget and looks forward to its swift passage,” Carducci told The Star.
In February, Husted spearheaded the Social Media Parental Notification Act which would require certain online companies to obtain verified parental consent before permitting kids ages 16 and under to use their platforms.
The act requires social media and online companies to create a parental consent splash page when users under 16 years old register for an account, obtain verifiable parental or legal guardian consent and send written confirmation of the consent to the parent or legal guardian.
If the user indicates that they are under the age of 16 via the splash page, they can use the following methods for verification: Signing a digital form consenting to the terms of service, using a credit card, debit card, or another online payment system, call a toll-free telephone number, connect to trained personnel via video-conference, or check a form of government-issued identification.
If a parent or legal guardian fails or refuses to consent to the terms of service, the company must deny access or use of the online website, online service, online product, or online feature by the child.
According to Husted, Ohio parents need tools to protect their children from the harmful effects of social media.
“Social media platforms like TikTok are bombarding our kids with information we, as parents, wouldn’t necessarily want them to see with things like eating disorders, gender reassignment, suicide, and more. You wouldn’t let a stranger come into your child’s bedroom and start talking to them, but that’s exactly what’s happening online. Strangers are contacting our children and they don’t always have the best intentions,” Husted said.
The lt. governor said that many of the mental health issues children are facing are directly tied to these social media companies that are profiting off of Ohio children. They are compiling information on them, promoting harmful content, and they are adding dangerous, addicting algorithms to the platforms without taking any action to safeguard the users.
“Social media companies are making billions from products that can be very harmful to our kids, and we need to give parents more tools to protect their children,” Husted said.
The U.S. Surgeon General said that platforms such as TikTok and Instagram are responsible for “negative physical and mental health outcomes” in children.
According to House Finance Committee Chair Jay Edwards (R-Nelsonville), they removed the proposal from the House budget because the Ohio attorney general’s office would control the implementation of the new rule under the original proposal and they thought the proposal should allow parents to directly sue social media firms for violations.
Recently, Montana lawmakers made history by becoming the first state to adopt a law completely outlawing TikTok. The law goes into effect on January 1st, 2024. Because the Chinese government controls a portion of the popular app, there have been concerns about international security.
In January, DeWine issued an executive order forbidding the use of TikTok or other platforms and applications held by an entity located in China on all state-owned or leased devices. The executive order did not address the use by private citizens.
Two Republican Ohio House Representatives introduced legislation earlier this year to cement that executive order into state law.
Depending on the state, lawmakers have passed different parental-consent regulations beyond TikTok in Utah, California, and Arkansas. Curfews, who has the right to sue over infractions, and the requirements for providers must follow to disable algorithms that target advertising at users are all governed differently by the laws.
Senators will spend the next several weeks working with this draft budget. A vote from the full Senate is expected near the middle of June. A budget approved by both chambers must be reconciled before being sent to Governor DeWine for approval before the fiscal year’s end on June 30th.
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Hannah Poling is a lead reporter at The Ohio Star and The Star News Network. Follow Hannah on Twitter @HannahPoling1. Email tips to [email protected]
Photo “Jon Husted” by Ohio Lt. Governor Jon Husted. Background Photo “Child Using a Phone” by Gaelle Marcel.
