EU states favour social media ban for children, few dissenters

The EU is about to take a new, far-reaching and controversial step to protect children in the digital space. Under the leadership of the Danish EU Council Presidency, a large majority of member states signaled their support for the introduction of a "digital age of consent" at EU level on Friday. The aim is to restrict minors' access to social media platforms and certain apps. Danish Prime Minister Mette Frederiksen has proposed a limit of 15 years for this purpose.

At an informal Council meeting in Horsens on the east coast of Jutland, the ministers and state secretaries present signed a declaration on "Shaping a safe online world for minors". Almost all EU countries signed the document, as did Norway and Iceland. Only two member states – Estonia and Belgium – refused to sign. Federal Education Minister Karin Prien (CDU) signed the Danish draft on behalf of Germany.

"Minors are exposed to great dangers and risks in the online world," reads the Jutland Declaration. They spend "more and more time in front of the screen instead of actively interacting with friends, family, and the offline world around them." Manipulative design patterns ("dark patterns") made children addicted. Children run the risk of encountering "illegal, harmful and extremist content on a daily basis". They are also exposed to inappropriate contacts, especially on social networks.

Estonia swears by digital education

"In the offline world, age checks are standard for age-restricted goods and services," the ministers emphasize. "It is therefore reasonable to expect similar safeguards online, where the risks – especially for minors – are significant and well documented." Without "proper and trustworthy age verification", it is difficult to prevent, for example, "social media from targeting minors with content and features designed for adults".

"Technically, we are already making great progress", say the signatories. For example, "upcoming age verification apps" and the European digital wallet for an electronic identity (EUDI) could offer "generally available, interoperable, seamless, and privacy-friendly options" for age verification. It is also necessary to "ensure the highest level of data protection, security and protection for minors 'by design' and 'by default'". Corresponding functions should therefore be integrated into the technology and preset by default. According to the ministers, dark patterns and other harmful functions such as loot boxes in video games and microtransactions should also be better regulated.

The Estonian Minister of Justice and Digital Affairs, Liisa-Ly Pakosta, justified her no vote by saying that an information society must actively involve young people. She is therefore relying on the enforcement of existing rules such as the General Data Protection Regulation (GDPR). This already provides for an age limit of 13 years for the processing of personal information, which can be raised nationally.

An age limit for social media may seem like a "simple step", Pakosta emphasised to Politico. However, the real solution lies in better digital education programmes. It is important to find out what does not work for children on TikTok, Facebook, Instagram & Co. instead of introducing blanket age limits. Danish Digitalisation Minister Caroline Stage admitted that a digital age of consent is a "radical" initiative. However, this was necessary in view of the online risks.

Belgium and the Netherlands have reservations

Belgium refused to sign because the Flemish region vetoed the proposal, according to the Minister for Administrative Modernisation, Vanessa Matz. However, the presence of the EU member state at the meeting showed the country's determination to work towards a safer Internet.

The Netherlands also expressed reservations. Digitalization Minister Eddie described age verification systems (AVS) as an "intrusive" measure, the application of which must always be proportionate. Age verification would be more justifiable for products with proven harm to children and legal age restrictions such as alcohol, tobacco, or online gambling.

The debate on relevant EU-wide measures has recently intensified. EU Commission President Ursula von der Leyen has spoken out strongly in favor of stricter rules and appointed a panel of experts to examine the feasibility of a social media ban. However, legal experts agree that setting age restrictions is the responsibility of national governments, not the EU. Both tech industry associations as well as children's rights groups and civil rights activists are very skeptical about the actual effectiveness of a social media ban. According to a study for the EU Parliament, age verification on the internet is necessary but not feasible in democracies.

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