Meta-US agreement: online child protection to be strengthened in the EU as well

The day after the agreement reached between Meta and a coalition of US attorneys general – which provides for the payment of sixteen billion and seven hundred million dollars, plus changes to the design of social media platforms to protect the health of minors online – the European Union has also confirmed rumours of ongoing talks with the US big tech company. During the daily press briefing, the European Commission’s spokesperson for digital affairs, Thomas Regnier, confirmed that discussions are underway with Meta. ‘This is an ongoing dialogue that we are pursuing to provide at least equally effective protection for our children here in the European Union. For our part, we have been working intensively on this for some time. We are aware of the media reports and the settlement agreement that has been announced. To put this into context,” added Regnier, “these legal proceedings have lasted more than five years, and the settlement agreement will be implemented over the next 10 years.”

During the same period, the European Union has been working towards the same objectives, adopting the Digital Services Act and launching an investigation into Meta over the same allegations in 2024. ‘Last month we came to the conclusion that Meta, in relation to both Facebook and Instagram, and its design which is addictive, is in breach of the DSA. Now, this is not about determining who will impose the heaviest fine. What we want is to effectively protect our children online. This is the work we are currently carrying out’, added the Commission spokesperson, emphasising that the ball is now in Meta’s court, as it must “submit commitments and provide guarantees here in the EU, through proper management of screen time and parental controls appropriate to the platforms”.

Two MEPs from the Democratic Party – the head of the delegation, Nicola Zingaretti, and Sandro Ruotolo, the rapporteur for the report on the impact of social media and the online environment on young people – are also calling for concrete and prompt action. In their view, the EU should adopt ‘measures similar’ to those contained in the settlement reached between Meta and several US states to settle a lawsuit concerning the damage caused by Facebook and Instagram to the mental health of young people, which has ‘painted an extremely serious picture’. In the US lawsuit, the two MEPs wrote in a statement, ‘testimony and admissions emerged suggesting that Meta had maintained safety measures that were rarely used by teenagers and shelved more effective measures to prevent a reduction in the time spent on the platforms. If confirmed, these findings would show that commercial interests were prioritised over the safety and wellbeing of minors’, including through misleading information about the platforms’ safety and the unlawful collection of personal data from underage users.

The US agreement, which has yet to be approved by the court, sets out specific measures, including daily limits on usage – reportedly two hours a day – and restrictions on access during night-time hours for those under the age of 18. ‘We have asked whether similar measures can be required of platforms as part of the obligations already set out in the Digital Services Act, or whether further European legislative initiatives”, added Zingaretti and Ruotolo, pointing out that the protection of minors cannot be subordinated to the economic interests of large non-European companies.

Unlike the settlement announced in the US, which is based on financial compensation, in Italia, Moige – with legal support from the law firm Ambrosio & Commodo – has opted for a class action seeking an injunction, based on Article 840-sexiesdecies of the Code of Civil Procedure, which seeks an order from the Court of Milan requiring Meta and TikTok to cease using algorithms designed to capture and retain the attention of minors at the expense of their mental health. ‘On 19 November, the the final hearing in the Italian proceedings, a development that directly affects the approximately 3.5 million Italian children under the age of 14 who are currently active – in breach of legal limits – on the Meta and TikTok platforms. Whilst in the United States the major platforms are proving willing to bear even significant financial burdens in order to preserve their business models, the Italian initiative pursues a distinct and more ambitious objective’ – said Antonio Affinita, director-general of the Italian Parents’ Movement – “not a price to be paid, but a concrete and verifiable change in the practices adopted, to protect the younger generations”.