Friday, September 18

EU Proposes Ban on Social Media Use for Under-13s: What You Need to Know

New EU Regulations on Children’s Access to Social Media

The European Union has unveiled plans aimed at limiting children’s access to social media across all member states. This initiative seeks to liberate young individuals from what Ursula von der Leyen, the President of the European Commission, described as “the control of their attention, concentration, and minds” exercised by various platforms. The announcement, made during the recent State of the Union address, introduced a proposed total ban on social media for children under the age of 13, outlining the EU’s priorities for the forthcoming year.

Introduction of Mini-Accounts for Teenagers

This initiative forms part of the forthcoming “EU Kids Act,” which will be fully detailed on Thursday. Children aged 13 to 15 will also be barred from having personal social media accounts, but they will be permitted to engage with these platforms through “mini-accounts” created and monitored by their parents or guardians. These accounts will have restricted functionalities and time limits, allowing access for only one hour per day. Additionally, social media platforms will be mandated to implement safe design practices for users under 18. The EU also plans to delve deeper into the issue of addictive design in an upcoming Digital Equity Act, set to be introduced in the autumn.

Concerns Over Technology’s Influence

In her address to the European Parliament, von der Leyen acknowledged the overwhelming power of major tech companies but expressed her disagreement with the notion that it is insurmountable. She asserted, “We do not have to accept addictive features; we do not have to tolerate children being drawn to increasingly extreme content, nor should we accept the misuse of images of young girls for the creation of sexualised AI-generated content.” She emphasised that Europe holds the authority to determine its own regulations, rather than allowing tech giants to dictate terms.

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Other Nations Following Suit

The EU’s decision largely mirrors actions taken by other countries to restrict minors’ access to social media, which von der Leyen claims have been linked to issues such as sleep deprivation, anxiety, self-harm, and even fatalities among European youth. Seventeen out of the twenty-seven EU member states are currently negotiating or drafting legislation aimed at protecting minors online, including establishing minimum age requirements for certain services. France, for instance, recently had its Supreme Court overturn a ban on social media usage for those under 15, citing infringement on freedom of expression.

Challenges Ahead for Implementation

Experts predict that harmonising these regulations across the EU and navigating the legislative process may extend until 2029. Arnav Joshi, a technology lawyer at Ashurst Perkins Coie, believes that companies will appreciate the clarity and uniformity provided by a single set of EU-wide regulations. He noted that the tiered approach aims to mitigate potential legal challenges by avoiding a blanket prohibition, making it somewhat more lenient than similar bans in countries like the UK and Australia.

Privacy Concerns and Parental Oversight

However, these measures will impose additional scrutiny on both guardians and social media platforms, raising potential privacy risks. Joshi cautioned that extensive parental monitoring could deter children from using these services and infringe upon their privacy rights. He remarked, “Any system that offers an exhaustive parental access model, akin to a ‘God mode’, could fundamentally alter how children engage with these platforms.”

Age Verification Challenges

The European Union is also likely to face enforcement challenges similar to those experienced by other nations regarding age restrictions. In Australia, minors have been able to largely circumvent the ban on social media access for those under 16. Joanna Conway, a partner specialising in digital regulation at Norton Rose Fulbright, pointed out that implementing effective age verification checks is complex. She explained that achieving precise age verification without compromising privacy rights or user experience presents a significant challenge. Earlier this year, the EU introduced an application allowing users to verify they are over 18 to access adult-restricted sites, which could potentially be adapted for other age groups.

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Addressing Broader Technological Concerns

Von der Leyen also acknowledged the growing concerns among Europeans regarding the “dizzying” pace of technological development and its implications for livelihoods and society. She remarked that artificial intelligence has yet to deliver tangible benefits to the real economy, encompassing sectors such as manufacturing, healthcare, and energy networks. Furthermore, she hinted at forthcoming initiatives, set to be revealed in November, which will tackle these concerns across health, transport, agrifood, advanced manufacturing, defence, and space. She mentioned the upcoming Quality Jobs Act, aimed at ensuring AI contributes to skills development, enhances job quality, and offers fair opportunities for workers. Additionally, she expressed her intention to invite leading AI laboratories for discussions on how the EU can support industry efforts to lead in this domain.

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