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Will the EU ban children from using social media?

Ban on social media?!

Photo: Jan Macarol / Ai art

Will the EU ban children from using social media? European Commission President Ursula von der Leyen has sparked heated debate with her proposal to introduce a minimum age for using social media in the EU. The idea of a "digital age of majority" sounds appealing, but lawyers warn that the EU has no jurisdiction to take such measures. Is this just another high-flying idea or a realistic future?

Imagine a world where your teenager can't open a TikTok or Instagram. Sounds like a parent's dream, right? Well, maybe not so fast. Ursula von der Leyen, the president of the European Commission and mother of seven, recently advocated the idea of a “digital age of majority” in New York. Her proposal? A minimum age for accessing social media, similar to drinking alcohol or smoking. But before we could start clapping, the lawyers quickly raised their hands and said: “Slow down, Ursula, the EU doesn’t have that power!”

With this proposal, von der Leyen has opened a Pandora's box of questions: can the EU really regulate social networks for children? And is this even the right way to protect young people in the digital world? Let's delve deeper into this technological-legal drama that could change Europe's digital space - or just remain promises.

The idea that has stirred up Europe – will the EU ban children from using social media?

In her speech in New York, Ursula von der Leyen stressed that social media poses risks for young people, from addiction to exposure to harmful content. As a grandmother of five grandchildren and mother of seven, she backed up her idea with a personal note: “We all agree that young people should reach a certain age before they start smoking or drinking. The same should apply to social media.” Her proposal for a minimum age for using platforms such as Facebook, Instagram or TikTok quickly attracted attention – and raised a few eyebrows.

In her State of the Union address, she also announced the establishment of an expert group to study what such a ban might look like in practice. But this is where the story gets complicated. The European Union, despite its power, does not have the authority to uniformly regulate things like age limits for smoking or drinking alcohol – and the same goes for social media.

Legal obstacle: the EU does not have this power

Peter Craddock, a legal expert from the law firm Keller & Heckman in Brussels, is for Politics made it clear: “There is a serious question whether the EU has the power to ban minors from using social media.” Under current European treaties, such decisions are in the hands of member states. Each country has its own age laws for accessing alcohol, cigarettes or even pornography – and the same applies to the digital world.

Fabiola Bas Palomares of the children's rights organization Eurochild also warns that "there is currently no legal basis for a harmonized ban on social media for children at EU level." In other words, von der Leyen's idea is more of a wish than a feasible plan, from a legal perspective.

What does the European Commission say? Will the EU ban the use of social media by children?

Interestingly, even the European Commission does not seem to be entirely on its president’s side. Thomas Regnier, a spokesman for the Commission, said back in June: “At EU level, a ban is not something the Commission does. It is the exclusive competence of the Member States.” Although von der Leyen talks about an expert group, the Commission officially claims that it is not considering such a proposal at all. So is this just political rhetoric or a serious attempt at change?

Social networks and children: real challenges

Regardless of legal obstacles, the issue of protecting children online is still very relevant. Studies such as the one from Common Sense Media show that the average teenager in the EU spends more than three hours a day on social media. This brings risks such as exposure to inappropriate content, online harassment or even impact on mental health. At the same time, social media allows young people to connect, learn and express themselves. A complete ban could therefore have both positive and negative consequences.

Some countries already have their own approaches. For example, France introduced a rule in 2023 that children under 15 must obtain parental consent to use social media. But uniform rules at EU level? That's like trying to harmonize pizza flavors across 27 countries - only more complicated.

The tech industry on the prowl

Tech platforms like Meta, TikTok, and Snap have yet to officially respond to the proposal, but it's no secret that any form of regulation would impact their business. Social media is a significant market for young people - according to Statista, 40% of Instagram users in the EU are between the ages of 13 and 24. A ban or stricter rules could mean fewer users, which would hit revenue.

At the same time, tech companies are already facing pressure. The Digital Services Act (DSA), which comes into force in 2023, requires platforms to take greater responsibility for protecting underage users. Perhaps a more practical approach would be to strengthen existing laws rather than embark on a legally questionable ban?

Conclusion: Utopia or reality?

Will the EU ban children from using social media? Ursula von der Leyen's idea of a digital age of majority struck a chord with parents' concerns, but legal reality quickly brought it down to earth. The EU may dream of a unified regulation of social media, but without changes to the European treaties or the agreement of member states, this remains a lofty idea. Instead of banning, perhaps we should focus on better educating children about safe online use or on stricter monitoring of platforms.

For now, it looks like teens will continue to scroll through TikTok carefree while lawyers and politicians debate who has the power to stop them. Perhaps the real solution lies less in bans and more in teaching kids how to swim in the digital sea—before they get swept away by the waves.

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