eco − Association of the Internet Industry notes with concern that, despite indications to the contrary last week, France has now become the first European country to introduce a general minimum age of 15 for the use of social media. Last week, at the Franco-German Ministerial Council, there were still indications that France might move away from a general minimum age of 15 in favour of a ‘safety-by-design’ approach.
This decision once again highlights the risks of unilateral national measures within the European Digital Single Market.
“The protection of children and young people in the digital space is a key concern. However, this objective can only be achieved through a coherent European approach – not through a patchwork of differing national regulations,” says Alexandra Koch-Skiba, Head of the eco Complaints Office.
Different age limits and special national regulations lead to varying levels of protection for children and young people across Europe and present digital service providers with considerable compliance challenges. Uniform and legally certain guidelines are particularly necessary for cross-border online services.
Furthermore, doubts remain as to the compatibility of the French law with the European legal framework. The European Commission had already pointed out that the original draft act was not fully compatible with the Digital Services Act (DSA) and the European division of competences, and had called for amendments. The provisions of the DSA have a fully harmonising effect.
“With the Digital Services Act, the European Union already has a common legal framework that obliges platforms to assess risks to minors and to take effective protective measures. This European framework should be consistently implemented and – where necessary – further developed jointly, rather than being fragmented by unilateral national measures,” said Koch-Skiba.
From eco’s perspective, there is a need for effective youth media protection that establishes uniform standards across Europe, is practicable to implement and, at the same time, upholds high standards of data protection and fundamental rights. Age verification, age-appropriate design of digital services, media literacy and the consistent enforcement of existing regulations must be understood as part of a comprehensive approach.
