As more countries move to ban social media use for children under 16, the Council of Europe’s Commissioner for Human Rights, Michael O’Flaherty, has urged governments to focus first on enforcing existing laws against big tech companies rather than defaulting to age-based prohibitions.
O’Flaherty warned that minimum-age bans risk distracting policymakers from the deeper issue: platform accountability. While acknowledging that children must be protected online, he argued that governments should prioritize stricter enforcement of regulations such as the EU’s Digital Services Act (DSA), which already empowers member states to act against platforms that fail to safeguard minors.
According to him, the real source of harm lies in platform design and incentive structures—particularly algorithm-driven features like infinite scroll and autoplay that encourage compulsive use. He called for stronger algorithmic transparency, independent oversight, human rights compliance testing, and meaningful sanctions to ensure companies are held liable for harmful practices.
Germany, Spain, France, and others are considering or implementing under-16 bans, following Australia’s Online Safety Amendment Act. However, legal challenges—such as Reddit’s case in Australia—highlight concerns around privacy and intrusive age verification.
O’Flaherty stressed that effective regulation does not stifle innovation, pointing to countries that combine strong oversight with technological growth. He described self-regulation by social media firms as “preposterous,” arguing that digital platforms should be regulated as rigorously as industries like automobile safety.
The debate now centers on whether governments will choose enforcement and accountability over blanket bans.
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