Social Media Regulation for Children

Why in the News?

The Australian Prime Minister has recently announced plans to introduce a minimum age requirement for social media usage to protect children from potential online harms.

• This move comes in response to growing concerns about children’s safety online, which have intensified since the pandemic due to increased screen time among young people.

Sharenting

This term merges “sharing” and “parenting” and refers to the growing trend of parents sharing photos, videos, and other information about their children on social media.

Global Regulatory Efforts on Social Media Usage:

Social Media Definition

Social media refers to platforms (websites and apps) that facilitate interactions, allowing people to create, share, and exchange information in virtual communities. Examples include Facebook, Instagram, and LinkedIn.

• Traditional print media, such as newspapers, magazines, and newsletters, do not fall under the social media category.

In India
The Digital Personal Data Protection Act (DPDPA) 2023 aims to regulate children’s use of social media. Section 9 of DPDPA highlights three conditions for handling the personal data of children under 18:

• Parental consent must be verified.
• Data processing must prioritize the child’s well-being.
• Advertising and behavioral monitoring targeting children are prohibited.

The Karnataka High Court suggested in 2023 that the Union Government implement an age limit of 21 for accessing social media, raising concerns about social media addiction among schoolchildren.

Global Context

South Korea: The “Cinderella Law” restricted children under 16 from online gaming between midnight and 6 AM, though this law was repealed in 2021.

United States: The Children’s Online Privacy Protection Act (COPPA) of 1998 mandates that websites seek parental consent before collecting data from children under 13. The Children’s Internet Protection Act (CIPA) of 2000 requires schools and libraries receiving federal funds to block harmful online content.

European Union: The General Data Protection Regulation (GDPR) of 2018 sets strict standards for data privacy, allowing users to control their personal information.

United Kingdom: The UK mandates parental consent for online access for children under 13, though recommendations have been made to raise the age to 16.

France: In 2023, France passed a law requiring parental authorization for social media access by children under 15, with penalties for non-compliance.

China: As of 2023, China enforces strict limits on minors’ daily internet usage based on their age group.

Brazil: Brazil passed child data protection laws in 2023 to curb how companies collect and manage children’s data, similar to efforts across Latin America.

Digital Literacy in India

India faces a digital literacy gap, with only 40% of its population proficient in basic computer functions, according to 2021 NSSO data. A survey in smaller cities found that 80% of children assist their parents in navigating online platforms, highlighting the disparity in digital knowledge. Moreover, India’s linguistic diversity and the practice of device sharing pose additional challenges to implementing consistent digital safety measures.

Why Regulate Children’s Social Media Usage?

Safety Concerns: Children are at risk of exposure to harmful content, cyberbullying, and online predators. Social media can also negatively affect mental health, contributing to anxiety and depression.

Exposure to Inappropriate Content: The availability of explicit content on social media can have adverse effects on children’s understanding of sexuality and relationships.

Misleading Information: Children are more susceptible to misinformation and propaganda on social media.

Encouraging Real-life Interaction: Reducing screen time can promote face-to-face interactions, improving social skills and emotional intelligence.

Accountability for Tech Companies: Some argue that tech companies should be responsible for ensuring children’s safety online, rather than placing the entire burden on parents.

Challenges in Banning Social Media for Children

Enforcement Problems: Children generally find ways to bypass age restrictions, as evidenced by the failure of South Korea’s Cinderella Law.

Increased Parental Responsibility: Imposing age restrictions may place an undue burden on parents, especially in areas with low digital literacy, where they may struggle to monitor their children’s activities online.

Limiting Opportunities: A complete ban on social media would deprive children of valuable opportunities for learning, creativity, and socialization, which are crucial for building digital skills needed for future careers.

Freedom of Expression: A ban could infringe upon children’s rights to express themselves and access information.

Benefits of Social Media: Social media platforms can foster supportive networks, help youth stay informed about global issues, and develop connections with like-minded communities.

Way Forward

Education and Awareness: Schools should introduce digital literacy programs that teach children how to safely navigate the online space, protect their privacy, and recognize risks. Warning labels on social media apps, akin to those on cigarette packs, could alert teens to mental health risks.

Platform Design for Safety: Tech companies must prioritize child safety by incorporating protective features and simple privacy settings into their platforms.

Collaborative Regulation: Governments, educators, and tech companies should work together on regulations that balance child safety with digital engagement. The UK’s Age-Appropriate Design Code is an example of such an initiative.

Ongoing Monitoring: There should be continuous assessment of regulations and platform practices, ensuring that tech companies remain transparent and accountable.

Parental Involvement: Parents should be encouraged to model responsible online behavior and openly discuss digital experiences with their children.

UPSC Civil Services Examination, Previous Year Question (PYQ)

Prelims:
Q1. ‘Right to Privacy’ is protected under which Article of the Constitution of India? (2021)
(a) Article 15
(b) Article 19
(c) Article 21
(d) Article 29
Ans: (c)

Q2. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement? (2018)
(a) Article 14 and the provisions under the 42nd Amendment to the Constitution.
(b) Article 17 and the Directive Principles of State Policy in Part IV.
(c) Article 21 and the freedoms guaranteed in Part III.
(d) Article 24 and the provisions under the 44th Amendment to the Constitution.
Ans: (c)

Mains:
Q. Examine the scope of Fundamental Rights in the light of the latest judgment of the Supreme Court on Right to Privacy. (2017)

Practise Mains Question:
Discuss the challenges in enforcing age restrictions on social media platforms and analyze the roles of parents, educational institutions, and tech companies in safeguarding children online.

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