Valencia
Valencia (Spain), Feb 7 (The Conversation) The age restriction for access to social media has been at the centre of political debate in Spain in recent days. It is an extremely complex issue that requires a thoughtful and evidence-based approach.
Although the announcement by the Spanish Prime Minister is new, in reality, the EU General Data Protection Regulation, in force since 2018, allows the legal capacity to consent to the processing of our data in digital services to be set between the ages of 13 and 16. In Spain, it was decided that it would be from the age of 14.
It is necessary to understand the facts that brought us to this point and the set of measures that should accompany this limitation. The duty to verify age was regulated in the US by the Children's Online Privacy Protection Act of 1998, and in Spain by the LOPD Regulation of 2007. This verification obligation has been practically ignored by all operators, except for the efforts of the Spanish company Tuenti.
In the case of social media, the European Union has been meeting with technology companies since Viviane Reding's vice-presidency, and agreements and corporate commitments have been adopted without any practical results. Currently, the platforms have gone from an indifferent acceptance of regulation to total opposition.
Several reports, such as those produced by EU Kids Online, have consistently noted the significant increase in internet risks for minors. There is a steady decline in the age at which young people and children connect to the internet, own a mobile phone, consume pornography, or register on a social network.
The recent UNICEF report on the impact of technology on childhood and adolescence confirms this trend with worrying data pointing to addictive use of smartphones and social networks, increased conflict or exposure to pornography, accompanied by demands for education and even disconnection.
The diagnosis in the report promoted by the Spanish Ministry of Youth and Children is devastating. It points out that social networks generate a high-risk context for the mental and physical health of minors, including overexposure to harassment and crimes against sexual freedom, access to pornography, and the acquisition of harmful habits and behaviours.
This coincides with studies that have been warning about the increase in mental illnesses, self-harm, and suicide among children and adolescents. Social networks can replace face-to-face experiences and reduce spaces for autonomous socialisation, especially with intensive use.
A business model that seeks engagement
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Several data leaks seem to prove that social media platforms are fully aware of the risks of their business model and yet continue to promote it. Social networks take advantage of reward mechanisms that generate dependence.
These mechanisms are accentuated by endless scrolling, hyperstimulation, and nighttime use, which can impair sleep hygiene. Each like, emoji, chat, or image filter serves a clear purpose: to promote engagement, maintain user attention, and monetise privacy.
Furthermore, personalisation algorithms favour user “engagement” and provide a view of reality through filters that generate a bubble of personalised content. Meanwhile, advertising monetisation seems to encourage polarisation, hate speech, denialism, or pornography.
Social and administrative responsibilities
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On the other hand, it is undeniable that there is a share of social and administrative responsibility. A child's or adolescent's first contact with a social network is usually promoted by their own parents or the school, for example, by purchasing a smartphone for them or assigning digital tasks.
The lack of educational tools for families and the pressure they feel when, from a certain age, their sons and daughters face ostracism and isolation if they are not on a social network, means that digital identity in the early years depends on adults without sufficient support and on school practices that are sometimes not very reflective or contradictory to the protection of childhood, such as the publication of videos on school social networks.
To legislate beyond prohibition
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In this context, the legislative action undertaken by the Spanish Ministry of Youth and Children is appropriate. It seems urgent to legislate with effective, proportionate measures and guarantees that ensure the right to digital identity for our children and adolescents. The age limit is fully justified in guaranteeing the proper development of their personality.
But this should not be the only measure. A holistic project is needed that includes proactive public policies and, at the same time, defines accountability scenarios. From a legal standpoint, an approach that reinforces deterrence is essential, including, if necessary, increased civil and criminal liability. At the same time, it is necessary to regulate the actions of schools and their responsibility.
The voice of those concerned
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And there is another risk we cannot ignore. Children and adolescents must have a voice. We must understand how to enable socialisation and learning about technology inspired by democratic and inclusive values. We cannot fall victim to regulatory urgency and focus exclusively on prohibition.
We live in a society of artificial intelligence (AI). It is necessary that we adopt a new way of doing things and new capabilities. We are not at war with technology, but with an antisocial use that commodifies people.
Finally, the regulators most directly involved (Spanish Data Protection Agency, National Markets and Competition Commission, and Spanish Artificial Intelligence Supervisory Agency) must move from recommendations to oversight, enforcement, and sanctions against the platforms.
The time for temporising is over. There is a firm will on the part of platform leaders to threaten and break the regulations. Democracy has made us free and transformed us from subjects into citizens: let us not allow ourselves to be turned into digital servants, starting with our sons, daughters, and young people. (The Conversation) SKS
SKS