Children and social media: France is slowing down, but Italia is still at a standstill

Whilst the French constitutional court has struck down the ban on social media for under-15s, deeming it a ‘disproportionate restriction’ on minors’ freedom of expression, in Italia the legislative process on the protection of children online remains stalled in parliamentary committees. It has been this way for some time.

Let us begin with the latest developments, namely the decision by the Constitutional Council in Paris, which ruled that Article 1 of the French law imposes a restriction on the freedom of communication of under-15s that is ‘not appropriate, necessary or proportionate’, without, however, ruling on the ban on mobile phones in secondary schools, which has been in force since 1 September, as provided for by the same law but not covered by the ruling.

In Italia, current legislation allows young people aged 14 and over to sign up to social media independently, whilst access for younger children is subject to parental consent. However, the verification process, which relies solely on self-declaration, has revealed operational shortcomings that have reignited the debate on stricter rules, following the example of measures trialled abroad, starting with Australia.

The key piece of legislation remains the cross-party bill signed by Lavinia Mennuni (FdI) and Marianna Madia (PD), which raises the age limit for independent registration on social media to 15, introduces mandatory parental control systems and provides safeguards for minors exposed to online risks. The use of mobile phones and their digital functions should be structured according to age groups, with increasing limits on calls and messages and access denied to websites and services deemed dangerous: a framework of progressive restrictions, not a blanket ban like the one rejected in France.

The main bill is accompanied by two further proposals. Mara Carfagna’s proposal imposes a total ban for those under 13 and restrictions up to the age of 16, with a ban on the profiling of minors for advertising purposes. Giorgia Latini’s (Lega) bill, on the other hand, extends the requirement for parental consent until the age of majority.