United States of America: Issued interim ruling in public lawsuit involving the parental consent for kids to use social media (NetChoice v Arkansas)

On 31 August 2023, the United States District Court Western District of Arkansas Fayetteville Division issued an interim ruling in a public lawsuit involving parental consent for kids to use social media. In particular, the public lawsuit concerns a constitutional challenge to Arkansas Act 689 of 2023 (SB 396), which requires social media companies to verify users' ages in Arkansas and obtain the minor's parental consent to enable them to access these platforms. The NetChoice, an internet trade association representing companies such as TikTok, Facebook's Meta, and Twitter (now X), challenged the law, claiming it is vague and violates the First Amendment. The court approved NetChoice's request for a preliminary injunction, allowing them to challenge Act 689 on behalf of their members and users. The injunction blocking the implementation of the Act, which was set to enter into force on 1 September 2023, will remain in effect until the issuing of the final ruling.