The EU Children’s Law, introduced by the European Commission, envisages gradually limiting children’s access to social media platforms according to age. If the proposal is accepted in its current form, children under the age of 13 will not be allowed to open social media accounts. Users aged 13 and 14 will be able to use social media and video sharing platforms only through accounts created under parental supervision. Children will need to be 15 years old to open a social media account on their own. The regulation will not be limited to this and will directly restrict some design features of the platforms aimed at keeping young users in the application for a long time.
European Commission President Ursula von der Leyen bases the proposal on the effects of social media on children’s development. Von der Leyen states that there is a strong body of evidence regarding the negative effects of social media on the developing brain and personality, and that families see these effects in daily life. However, he particularly emphasizes that introducing an age limit will not eliminate the responsibility of technology companies regarding the content and design choices on their platforms. According to the Commission’s approach, platforms need to take more responsibility for their impact on children’s mental health. Therefore, the regulation aims to change how social media services are designed rather than just checking the age of the user.
EU Children’s Law also limits algorithms and infinite scrolling
While children under the age of 13 will be denied access to general social media services, video sharing services specifically designed for this age group will be allowed under certain conditions. It is envisaged that children will access these services through accounts managed by their guardians. These accounts will need to have protections such as limiting daily screen time to one hour and allowing parents to easily control the content that children can watch. In the 13 and 14 age group, parents will be able to create sub-accounts. These accounts will provide limited access to age-appropriate social media and video platforms, narrow down social interaction options, and similarly keep daily usage time around one hour.
The part of the proposal that directly concerns technology companies focuses on features that may create addiction. The European Commission wants to restrict recommendation algorithms that can direct underage users to harmful content chains. In addition, it is envisaged to turn off the infinite scrolling feature, block instant notifications sent at night, and prevent strangers from communicating with children in an unwanted way. Artificial intelligence-supported chatbots will also need to be disabled by default in child accounts. Moreover, one of the notable items of the proposal is that these systems are not allowed to be designed in a way that creates emotional dependency on the user.
Age verification seems to be one of the most difficult topics in the implementation of the regulation. Platforms are required to check the age of the user when opening a new account, and to estimate the age of existing accounts using reasonable indicators such as credit card information. Despite this, a more stringent approach is taken when it comes to collecting identity documents or biometric data. Age verification systems to be used should not permanently store identity documents or biometric data. The EU age verification application mentioned in the source is also shown as one of the tools that can be used in line with this approach.
Another element of the regulation is that platforms submit plans to the competent authorities explaining how they will comply with the rules. The control mechanism is planned to be based on the structures currently used under the European Union Digital Services Act, that is, DSA. The exact size of the sanctions is not specified in the proposal, but under the DSA, companies could be fined up to 6 percent of their global annual turnover. In addition, an accelerated enforcement procedure of 90 days is foreseen in case of violation of the rules. Thus, if the law comes into force, it is aimed to implement the rules for children in a shorter time without long review processes.
The acceptance of the regulation is not yet certain. The source states that a similar initiative in France was blocked by one of the country’s highest courts on the grounds of freedom of expression. The technical feasibility of age verification systems is another dimension of the debate. Bernhard Rohleder, CEO of German IT industry organization BITKOM, argues that age verification is still technically problematic and that new rules parallel to existing regulations such as DSA could lead to unnecessary duplication of legislation. On the other hand, the Commission is of the opinion that a more comprehensive and rapid regulation of children’s social media use is necessary at the EU level.
If implemented throughout the European Union, which has a population of approximately 450 million, the EU Children’s Law could be one of the most comprehensive rules on the age of social media use to date. The proposal not only sets the age for opening an account but also interferes with the way recommendation algorithms, infinite scrolling, notifications and artificial intelligence chatbots work, which sets it apart from existing age limit practices. On the other hand, how age determination will be done without harming user privacy and how the existing DSA rules and new obligations will work together are among the questions that still need to be answered. The final impact of the regulation, which may require serious changes on the practices of technology companies, will depend on which articles the proposal will be accepted in the legislative process. Rather than evaluating children’s social media use solely within the framework of parental responsibility, the current draft also places platform design at the center of regulation.