EU expert report proposes minimum age of 13 for social media access

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BRUSSELS — Monday’s release of a much-anticipated EU expert report on protecting children online heralds tighter rules for social media platforms — and other digital services.

While the report backs a minimum age of 13 — a lower threshold than those adopted or proposed in countries such as Australia — for accessing online platforms, w ith important caveats, presenting the measure as part of a gradual introduction of minors to the digital world. That approach could pave the way for broader regulation of Big Tech.

European Commission President Ursula von der Leyen, who has expressed her support for a ban, had ordered the expert study from a German child psychiatrist and French social epidemiologist. The report they delivered offers a far more comprehensive, if at times convoluted, picture of the way forward in the governmental challenge of regulating new technologies that are increasingly embedded in our lives.

Here are five things the report tells us about how European policymakers are approaching the challenge of reducing the harmful effects of social media and other digital tools.

1. Hard age limits are insufficient

The experts, German child psychiatrist Jörg Fegert and the French social epidemiologist Maria Melchior, stopped short of recommending hard age limits for social media access, instead opting for a gradual approach. Toddlers under two years old should avoid screens altogether. From three to 13, they “should not be allowed unsupervised use of internet-enabled devices,” with schools and parents providing support and oversight.

Some EU countries have already proposed or passed their own laws setting hard limits at the ages of 15 or 16, with France aiming to have its own in place by September. Estonia has emerged as the only objector to such measures, while Italy is not entirely convinced either.

Australia already imposed its own social media ban for under-16s in December with lackluster results. One study found that more than 85 percent of teens were still using the platforms after the age restrictions.

The panel talked “a lot about age limits based on the Australian influence and also different types of legislative initiatives that are already coming up across the European Union,” one of the two experts of the report said. “We see a lot of circumvention and other problems in Australia for over 13 years. I think we should not have a blanket ban,” the other expert said.

2. Onus on the platforms to prove safety

The report says the burden of proof should shift towards Big Tech, echoing calls from civil society and child rights advocates. Platforms should first have to prove that they have integrated key safety features before becoming accessible to minors.

“In Europe, whoever develops the product is responsible for its safety. Car manufacturers must make their vehicles safe. We do not expect children to design their own safety seat belts. We do not expect parents to fit airbags at home, and the very same must be true for Big Tech,” said von der Leyen.

This line of thinking could put at least some aspects of child safety online into the realm of consumer protection, a set of rules the EU is also set to revamp later this year.

In the U.S., it was under consumer protection provisions that multiple companies have recently been found liable for knowingly endangering minors’ mental health in recent landmark trials.

For the past year, Brussels and its capitals have been going back and forth over who should set age restrictions on social media. | Nicolas Tucat/AFP via Getty Images

3. Reaching beyond social media

The discussion and measures regarding age restrictions have so far focused on social media platforms, but the report also takes aim at other services, such as artificial intelligence companions, and naming the broader category “social media+.”

“What we recommend is not restrictions on access to certain platforms, but restrictions on access to certain types of features,” which can include video games platforms and AI chatbots,” the second expert said.

Features like algorithmic recommendation systems and infinite scrolling are “designed to maximise user attention,” and minors are not “equipped” to deal with their effects, the document reads.

4. It’s a long game

The authors of the report and von der Leyen herself said that change will not happen as soon as bans are in place. “Our main recommendation is that the internet should be safe for everyone,” said the first of the two experts. But “this is sort of long-term goal” whereas age restrictions “can be done actually pretty rapidly” to protect children, they said.

Age restrictions “won’t be foolproof and change takes time” to “embed the cultural change that is already taking shape in our society,” the Commission president said.

Australia is taking a similar approach, acknowledging that it will need time to adjust and improve its policy.

5. Brussels won’t tell EU capitals what to do

For the past year, Brussels and its capitals have been going back and forth over who should set age restrictions on social media. Capitals have pushed the Commission to do more and then drafted their own legislation when they didn’t see enough progress. Their plans set 15 or 16 as the minimum age and they recently agreed that they would prefer a bloc-wide minimum age for social media use.

The report offers a compromise rather than a definitive answer. It recommends a bloc-wide baseline of 13 as part of a broader framework for introducing minors to the digital world, while allowing parental supervision to override that threshold in some cases.

At the same time, the experts leave the room for governments to go further. The report explicitly says member states could impose higher minimum ages, citing Europe’s “varied historical and national contexts.”