The EU approves the Kids Act, ‘ban on social media for under-13s’

STRASBOURG – The European Commission today, Thursday 17 September, formally announced its proposal to introduce restrictions on the use of social media by young people. As previewed on Wednesday by the President of the European Commission, Ursula von der Leyen, the regulation sets a minimum age of 13, subject to parental supervision. Only from the age of 15 onwards will young people be able to have their own profile. This is a sensitive issue, and the debates in the Council and Parliament are set to be heated. “With this proposal of ours,” said Henna Virkkunen, Vice-President of the European Commission, in Strasbourg, “we are ensuring that our children can enjoy their rights online: to learn, stay in touch and explore. We are also providing parents with the tools they need to guide their children as they navigate a safe digital world. All this whilst keeping the pressure on platforms, as they must demonstrate that their services do not cause harm.”

As mentioned, the total ban applies up to the age of 13, according to the proposal. From 13 to 15 years of age, the use of the profile is subject to adult supervision. The European Commission explained: ‘The services available on profiles for 13–15-year-olds must be designed with protective measures, such as limited social contacts and screen time restricted to one hour a day, recognising the role of guardians in supporting the autonomous and safe development of their children online’. The proposed regulation imposes a series of obligations on all platforms offering social networking, video-sharing, online video games and AI-based assistants to children under the age of 18. ‘These include a ban on features that are addictive (…) Infinite scrolling, misleading reward mechanisms and notifications during sleeping hours are also prohibited.’ The proposal – as Vice-President Virkkunen explained – reverses the burden of proof, placing the responsibility on operators of large online platforms to demonstrate that their services are safe by design. The EU initiative follows a lengthy debate amongst the commissioners and the publication of an analysis by a group of experts who had previously suggested a phased approach (see *Il Sole/24 Ore* of 14 July).

The issue is controversial, to the extent that the process of getting the proposal approved by the Council and Parliament is likely to be a difficult one. Many believe that the issue of young people’s access to social media needs to be regulated. Some countries have already done so, such as Portugal and Greece. Others are more reluctant, such as Finland, which tends to be more liberal. One of the reasons the European Commission has decided to intervene is to prevent the single market from becoming fragmented.