LAST UPDATED: June 23, 2026

The Ohio Social Media Parental Notification Act, enacted as part of House Bill 33 and signed into law by Ohio Governor Mike DeWine  in 2023, is now enforceable following a significant federal appeals court decision issued on June 18, 2026.

The law requires certain online operators to obtain verifiable parental consent  before allowing children under the age of 16 to create or maintain accounts on covered social media platforms and services. Originally scheduled to take effect on January 15, 2024, enforcement was blocked after NetChoice filed a legal challenge arguing the law violated constitutional protections. However, a U.S. federal appeals court has now overturned that injunction, allowing Ohio to move forward with enforcement while litigation continues.

NetChoice has stated it will continue challenging the law, but for now, companies with users in Ohio should evaluate whether their websites, apps, platforms, and online services fall within the scope of the Act and take steps toward compliance. Violations may result in civil penalties of up to $10,000 per day of noncompliance.

Key Requirements

1. Create a method to determine whether the user is a child under the age of 16
2. Obtain verifiable parental or legal guardian consent
3. 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, the following methods can be used for verification:

• Sign a digital form consenting to the terms of service
• Use a credit card, debit card, or other online payment system
• Call a toll-free telephone number
• Connect to trained personnel via video-conference
• Check a form of government-issued identification

Who needs to comply:

“Operators”, meaning any entity that operates an online web site, service, or product that targets children, or is reasonably anticipated to be accessed by children that has users in Ohio state and that allows those users to:

• Interact socially with other users within the confines of the online web site, service, or product
  
  
• Construct a public or semipublic profile for the purpose of signing into and using the online web site, service, or product
  
  
• Populate a list of other users with whom an individual shares or has the ability to share a social connection within the online web site, service, or product
  
  
• Create or post content viewable by others, including on message boards, chat rooms, video channels, direct or private messages or chats, and a landing page or main feed that presents the user with content generated by other users.
•  

• Subject matter
• Language
• Design elements
• Visual content
• Use of animated characters or child-oriented activities and incentives
• Music or other audio content
• Age of models
• Presence of child celebrities or celebrities who appeal to children
• Advertisements
• Empirical evidence regarding audience composition;
• Evidence regarding the intended audience.

 Who this does NOT include:

• E-commerce: Online shopping 
• Cloud storage or cloud computing services
• Broadband internet access services
• Search engine services.

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.  

Enforcement

The Act is enforceable exclusively by the Ohio attorney general, contains a limited cure provision, and provides for, among other relief, the recovery of civil penalties of up to $10,000 per day of noncompliance. 

Need help navigating the Ohio Social Media Parental Notification Act?
Contact PRIVO for expert guidance and our easy to implement compliant age gate api and verifiable parental consent platform to help your company comply by clicking here.

For more information:
>> See Section 1349.09 of House Bill 33