America Follows Indonesia's Lead: Indonesian Regulation Goes Global

The US state of Ohio has received the green light to implement a rule requiring social media companies to obtain parental consent before allowing children under the age of 16 to use their platforms. The rule also applies to Meta Platforms’ Instagram. This policy is similar to regulations already in force in Indonesia, as stipulated in the PP Tunas introduced in March 2025 and fully effective through Permenkomdigi Number 9 of 2026 on 28 March 2026. In Ohio, the rule emerged after the Cincinnati-based Sixth Circuit US Court of Appeals overturned a lower court ruling that had previously suspended its implementation. A panel of judges, in a 2-1 decision, found that the law does not violate the free speech protections guaranteed by the First Amendment of the US Constitution. The tech industry group NetChoice had previously asked the court to halt the rule’s enforcement. However, the appeals court instead ruled that the Ohio government could proceed with its implementation. In a statement, NetChoice argued the ruling threatens the online privacy and constitutional rights of Ohio citizens, though the organisation said it remains confident the rule will ultimately be permanently struck down. Meanwhile, Ohio Attorney General Andy Wilson welcomed the decision, stating it gives parents a means to engage in and supervise their children’s activities on social media. The ruling comes as various governments worldwide begin tightening children’s access to social media, with Australia among the countries taking similar steps. The trend reflects growing concern among policymakers about the impact of social media on the health and safety of young people. The Ohio case is one of a series of lawsuits filed by NetChoice to prevent states from implementing rules that authorities deem necessary to protect children from mental health risks posed by social media. The Ohio law, known as the Social Media Parental Notification Act, was passed by the state legislature in 2023 and took effect in January 2024, but its implementation was immediately blocked by US District Judge Algenon Marbley. The rule requires operators of websites reasonably expected to be accessible to children under 16 to verify user ages. The regulation also sets out 11 assessment factors to determine whether a site falls into that category, along with several exceptions. NetChoice, whose members include TikTok, Alphabet’s YouTube, and Meta Platforms’ Facebook and Instagram, argued the rule has overly vague definitions and restricts children’s access to content protected by the First Amendment. However, US Appeals Court Judge Eric Clay, who wrote the main opinion, stated that although the rule imposes certain burdens on free speech and limits how social media companies distribute content, the regulation is narrowly tailored to serve Ohio’s compelling interest in protecting children. ‘At its core, this law imposes a parental consent requirement,’ Clay wrote. He added that the requirement is a minor burden and appropriately targets the complex problem Ohio has identified: children’s unsupervised consent to platform terms and conditions that exploit and harm them.