The European Commission is asking member states to pause for 12 months draft national laws that overlap with their future rules on minors’ access to social media. This decision does not mean that the EU abandons the idea of limiting young people’s access to platforms. The objective is to build a common framework in the 27 countries of the European Union to avoid a multiplication of different legislation.
A brake on national initiatives for social networks
The decision was announced by Thomas Regnier, spokesman for the European Commission: “All children in the EU deserve the same level of safety online”stated as reported by AFP, indicating that the objective was “have a harmonized approach” throughout Europe.
The European Commission wishes to postpone for one year draft national legislation that overlaps with the provisions of its future European framework. Austria is directly affected: the country was preparing a ban on social networks for those under 14 years of age. The Commission believes that divergent national rules would risk fragmenting the European market and making it difficult for international platforms to meet their obligations.
Furthermore, the European Commission is not asking all countries to abandon their existing systems. Thomas Regnier mentioned in particular the particular situations of France and Greece, whose initiatives were notified before the presentation of the European project and whose procedural deadlines had already expired. Therefore, these two countries are not in the same situation as Austria. The decision mainly concerns new national initiatives that would overlap with the future common framework.
The European project provides for progressive access up to 15 years of age
This desire for harmonization is based on the draft EU KIDS Lawpresented by the European Commission in September. The text provides for a progressive approach: children under 13 years of age will not be able to have an account on the social networks in question. Between the ages of 13 and 15, limited accounts may be offered under the control of parents or legal guardians. From the age of 15, teenagers could open their own account.
The system would not be limited to setting a minimum age. The EU also wants to impose security obligations by designing services with protection settings enabled by default, accessible blocking and reporting tools, as well as limiting mechanisms that could encourage excessive use. Interested platforms should also implement privacy-friendly means of age verification.
A strategy that is already causing disagreements
This European approach is not unanimous. Some governments want to act quickly at national level, believing that the protection of children cannot wait for the adoption of European legislation. Austria has especially criticized the postponement of its project, while the Commission defends the need for a coordinated response to avoid incompatible rules from one country to another.
The EU KIDS Act still has to go through the European legislative process and be examined by the European Parliament and the Council. The Commission also opened a public consultation with a deadline of December 3 to collect the opinions of children, parents, teachers and platforms. Therefore, the timing and final content of future restrictions have not yet been decided.
Brussels thus wants to avoid a Europe where each country imposes its own age thresholds and its own control methods. Now it will be necessary to see if this harmonization will accelerate the protection of minors or if it will postpone some national measures already planned.
