Social Media: States demand strict youth protection and IP storage

The Conference of Ministers-Presidents (MPK) signaled a change of course in digital regulatory policy at its most recent meeting on Thursday in Berlin. The focus of the deliberations was the mental health of the youngest generation of users, who, according to the state premiers, are exposed to systemic risks in the digital space. They cite addiction mechanisms, disinformation, and hate speech as central dangers, from which children and adolescents have a right to protection. Politicians want to hold the operators of social media platforms primarily responsible, whose economic interests would have to take a back seat to the well-being of children in the future.

One pillar of the strategy is the introduction of "age-appropriate regulations for access to and design of" social media offerings. However, the heads of government emphasize that technical specifications alone are not sufficient: They must be accompanied by systematic and comprehensive promotion of media literacy in schools. The goal is to prepare students early on to use digital offerings responsibly and reflectively.

Between Ban and Responsibility

It is worthwhile to compare the final resolution with a more far-reaching draft from Mecklenburg-Western Pomerania, which advocated for a partial social media ban. This initiative, which failed due to resistance from Bavaria's Minister-President Markus Söder (CSU), among others, is supported in a protocol declaration by eleven federal states. These include Berlin, Hamburg, North Rhine-Westphalia, and Thuringia.

This camp advocates for a concept of "responsible digital growing up." Based on mandatory age verification, it requires a concrete minimum age of 14 years for access to social media platforms.

Furthermore, this more restrictive course of a majority of states provides that platforms must be designed to be age-appropriate for young people up to 16 years of age in order to take their particular need for protection into account. Another point of the draft from Schwerin, which was not taken up in the protocol declaration, was the regulation of algorithmic recommendation systems: these should only be permissible for users aged 16 and over after a conscious decision in the sense of an opt-in model. The states are now primarily aiming for a solution at the EU level here in order to create uniform conditions throughout the internal market.

The fundamental line of the states also finds an echo in federal politics. At its federal party conference in Stuttgart, the CDU decided that the federal government should introduce a legal age limit of 14 years for the use of social networks. For 14- to 16-year-olds, special, restricted youth versions of the services would have to be provided. An impulse paper from the SPD envisages almost identical age gradations. For the technical implementation of the necessary identity check, the Social Democrats are hoping for the EUDI Wallet, which would be particularly problematic.

Data Retention to Come Quickly

Resistance is mounting against the plans: Tech associations, child and civil rights advocates doubt the effectiveness of a blanket ban. They warn of digital exclusion and the emergence of uncontrolled shadow spaces. The authors of a study for the EU Parliament poured cold water on the regulators' plans: they concluded that comprehensive age verification is hardly legally sound and practically feasible in a liberal democracy. The protection of privacy collides with the necessary identification of users.

Despite these concerns, the states are simultaneously calling for a strengthening of criminal child protection online. A highly controversial point is the call for IP address data retention. The state premiers refer to alarming figures from 2025, according to which over 17,000 reports of child sexual abuse material were lost because the suspects could allegedly not be identified due to a lack of stored data. Against this background, the MPK welcomes the draft bill from the Federal Ministry of Justice from December, which provides for a three-month storage obligation. It urges swift adoption of the law.

Internationally, the heads of government are relying on the establishment of an EU center for the prevention and combating of sexual abuse. This is intended to establish and coordinate effective regulations for enforcing protective measures against online companies.

(nen)