The Council of Europe Commissioner for Human Rights Michael O'Flaherty has called for caution in future regulation of children's use of social-media platforms. He stated that "as several European countries consider introducing a minimum age to access social media platforms, I urge caution in imposing sweeping bans," adding that "The focus on restricting access should not deflect attention from ensuring that platforms respect human rights through clear legal duties, independent oversight, and effective accountability."
"Efforts to restrict children's access through blanket bans and mandatory age verification arise from legitimate concerns, as the current online ecosystem is failing children. Children are exposed to violent, sexual, or distressing content, grooming, and rapidly spreading disinformation. Opaque algorithms direct them toward extreme material, while manipulative designs influence their behaviour, and pervasive data collection compromises their privacy. These outcomes are foreseeable results of specific design choices and business models, necessitating regulatory intervention at the source.
"Banning children's access to social media, though, shifts the responsibility for safety from the platforms that create the environment to the children who navigate it. States should require platforms to prevent and mitigate risks to children's rights by design and by default, and hold platforms accountable for failures.
"Given the pervasiveness of algorithmic systems, comprehensive regulation is essential. This includes ensuring algorithmic transparency and auditability, effective reporting and redress mechanisms, children's rights risk assessments, independent audits, and restrictions on targeted advertising. These obligations must be enforceable, subject to independent oversight, and supported by sanctions and liabilities that are effective deterrents.
"It is encouraging that the European Commission has implemented measures, including sanctions, against several large online platforms found to be in breach of the Digital Services Act. Member states should adopt and support a similar approach by allocating enforcement resources, coordinating supervision, and ensuring that penalties exceed any economic benefit derived from harmful engagement practices.
"Before considering a ban, governments and parliaments should pause and exercise caution. They should consult with experts, civil society, and children, and ensure that proposals are human-rights compliant. The source of harm is rooted in the design and incentives of the platforms. That should be the primary focus of regulation."
Council of Europe Commissioner for Human Rights
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