House considers legislation that would require K-12 online databases to filter age-inappropriate content

The Ohio House is considering legislation that would require companies that provide online resources to K-12 schools and libraries to remove content or advertisements that depict subject matter deemed to be age-inappropriate.

House Bill 583, which is cosponsored by Reps. Johnathan Newman, R-Troy, and Kevin Ritter, R-Marietta, would penalize companies for failing to remove access to content that depicts obscenity, drugs, tobacco, alcohol, and gambling, or other content that would be defined as “harmful to juveniles.” The measure is pending before the House Finance Committee.

Ritter said that the legislation would mainly affect the INFOhio and OWL databases, and that the prohibitions on content would apply to both database materials and advertising displayed on the websites, in a sponsor testimony.

“It’s important to recognize that our educators and librarians are navigating a complex landscape, where the sheer volume of digital content makes thorough, ongoing vetting a daunting task,” Ritter said. “They enter into these vendor contracts in good faith, expecting platforms to deliver as promised, free of harmful or commercial intrusions.”

“This bill is not about perfection, it’s about basic accountability.”

The text of the bill would require companies that provide resources to “prohibit and prevent a user of the resource from sending, receiving, viewing, or downloading materials or performances that are obscene, harmful to juveniles, or depict child sexual exploitation, or encourage or promote the use of illegal drugs, tobacco, alcohol, gambling, or other illegal activities,” by filtering or blocking access to those materials.

Rep. Jamie Callender, R-Concord, said the committee should ensure the bill does not block access to legitimate academic information, according to the Ohio Capital Journal.

“I want to make sure that we as a committee … that we don’t inadvertently do something that would stop someone whose parent was diagnosed with lung cancer from researching impact from smoking, or a young lady who has discovered a lump can not research breast cancer, or symptoms, or signs, or photographs,” Callender said.

The legislation references the definition of “matter harmful to juveniles” found in Ohio Revised Code Section 2907.01 and Section 2907.31. The text of the laws defines materials as harmful to juveniles if it “appeals to the prurient interest of juveniles in sex,” “is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for juveniles,” or if the material lacks educational value.

Newman said that the reason for hiring database companies is to ensure that K-12 students can do internet research with safety features not available on Google or other internet search engines, in a sponsor testimony.

“Suppose a teacher took their class on a field trip to an adult bookstore? Or to the casino? Or to a pot shop? ‘Just to research,’ you’re told,” Newman said. “No doubt, there would be an investigation. At a minimum, the school would give oversight and accountability; or the teacher might even be fired.”

“That is exactly the sort of accountability this bill calls for. The bill provides a very fair ‘three-strikes you’re out process,’ with a right to cure. The purpose of the bill is to force the vendors to do the job the state is already paying them to do.”

Schools and libraries would provide written notice to and withhold payments from companies that violate the requirements. Withheld payments would be deposited with a court clerk.

A company would be subject to penalties if the violation is not corrected, and three violations would result in termination of the company’s contract.

Companies accused of violations would be able to apply to the clerk for withheld payments if the school or library failed to provide notice, the violation was corrected in a timely manner, or the violation described in the notice does not violate the requirements.