CLEVELAND — Parents and guardians are soon going to have more control over how they monitor their children’s social media usage. The Social Media Parental Notification Act goes into effect across Ohio in mid-January.
Teens and kids are spending more time than ever using screens and social media. According to the U.S. Surgeon General, 95% of teens ages 13-17 use social media, and 46% of that age group said social media makes them feel worse, especially about their body image. The state of Ohio has now stepped in to combat those statistics and protect Ohio children from the dangers of social media by passing the Social Media Parental Notification Act. The new law goes into effect on Jan. 15.
“There is a legitimate state interest right to protect those under 16 from some of these identifiable harms,” said Tara Coleman, Cleveland civil attorney.
The law requires minors under 16 to get parental or legal guardian permission before using social media. Coleman said permission will be needed for all online websites.
“In order to be defined as an operator under this law, it applies to any online website service or product that allows someone to interact socially on their website, service or product, create a public profile,” said Coleman. “Populate a list of users who they can connect with kind of your friends' followers if it allows you to create or post content.”
How ages will be verified depends on the website or app. When consent is granted, a written confirmation of the account will be sent to the parent or guardian. If there are any issues or problems, claims can be reported to the Ohio Attorney General's Office.
Ohio AG Dave Yost said, “Just like any other time, if you feel like you’ve been wronged by a company, we take those complaints and work to resolve any issues – this is no different.”
“I think that process is going to be one of the key ways in which this is brought to the attention of the enforcement authority,” Coleman added. “If we're seeing tons of complaints against the same operator that's going to draw some attention.”
Enforcement efforts include holding social media sites fully accountable, even financially.
“How the attorney general can do that is he can bring an investigation if he believes that there is a violation of this act,” said Coleman. “So, the attorney general may seek injunctive relief, civil penalties and reasonable costs. And there's also a portion of the law that says if you are found liable, you as an operator are responsible for the Attorney General's office, investigative costs and litigation costs.”
Users who made a profile before January are not impacted by the new law.