EU: Child Protection Bill Requires Safety Evidence

The European Commission is proposing an unprecedented framework that would require social networks, online games, and AI chatbots to demonstrate their safety by design and verify the age of users. This includes bans, parental controls, and expedited reviews of new features, with a specific threshold for very large platforms. However, experts point out the Achilles' heel of age verification and the risks of litigation.

Proof Required and Tight Deadlines for Tech Giants

The proposal mandates that tech companies provide evidence that their services are safe by design. According to Megan Jenkins, creating such a burden of proof would be a legal first, with the consequence of being unable to offer services to minors in case of failure. On the enforcement side, the European Union aims to expedite its investigations and target a closure within 90 days. Platforms with 45 million active users or more would need to submit a compliance plan for any new offering and undergo a review that could last up to 30 days. Features, services, or developments that do not receive a positive opinion from the Commission would not be authorized.

Access for Minors: Ban on Social Media and Regulated Accounts

It is proposed to ban access to social media for children under 13 and to establish a progressive age system for teenagers. For those under 15, parents would be able to create sub-accounts linked to their own profiles on appropriate platforms, with a restriction of one hour of daily use. Those aged 16 to 18 could open anonymous accounts without parental consent. At the same time, live streaming would be prohibited for minors, and age verification would be required when creating an account as well as when logging into an existing account.

Service Design: End of Features Considered Addictive

Publishers of online games, AI chatbots or companions, as well as social networks, would need to prove that their services are safe and free from mechanisms like infinite scrolling, which could be considered manipulative or addictive for children. The inclusion of addictive design features is prohibited, and the provision of easy-to-use parental controls is mandated. It also requires recommendation algorithms that are appropriate and safe for young audiences.

Age Verification: Questionable Effectiveness and Privacy Risks

Even without significant amendments, the framework would be difficult to enforce and could be subject to challenges from large companies. Experiments conducted elsewhere show how easily teenagers can bypass restrictions. David Inserra considers these measures to be ineffective, citing age verifications and bans that have already been circumvented by tech-savvy children. He also warns about verification technologies that generate vast amounts of sensitive identification data, exposed to hacking and leaks, for both minors and adults. Megan Jenkins views age verification as a persistent sticking point for privacy reasons, while seeing these measures as a step away from blanket bans.

A Broad Scope, from AI to Social Media, in an International Context

The Commission targets a wide range of services, from social networks and video platforms to games and AI chatbots, and expects major players like Meta, Google, YouTube, or Roblox to make significant adjustments. This initiative is part of a movement observed in Australia, the UK, China, and India, with the ambition to surpass it in certain aspects. It comes after months of discussions and leaks of preliminary work, amid public pressure related to risks such as Internet addiction or exposure to predators. Ursula von der Leyen emphasizes the reversal of the burden of proof and the desire to equip parents with control tools. For Megan Jenkins, the chosen direction breaks away from the logic of blanket prohibitions. Before any implementation, the proposal will still need to pass through review, debate, and voting stages.