European Commission President Ursula von der Leyen is scheduled to outline draft plans for EU-wide underage social media restrictions in her annual state of the union address in Strasbourg, with proposals expected to include an under-13s ban or parental permission requirements for teenagers aged under 15.
The European Commission is preparing to unveil its landmark EU Kids Act, a legislative package designed to establish uniform age limits and impose strict design requirements on major online platforms like Meta and TikTok, alongside similar rules for artificial intelligence chatbots.
The draft plans, which will be detailed further at a Brussels briefing by von der Leyen and her colleague Henna Virkkunen, who is the EU’s executive vice-president of tech sovereignty, security and democracy, include measures being termed a “block” or “delay” on access for minors. While a precise age threshold remains under negotiation, policymakers are weighing a blanket ban for children under 13 against mandatory parental consent tiers for teenagers aged 13 to 15.
Legislative Hurdles and International Precedents
The push for continental restrictions follows mounting pressure from the Irish Government and its counterparts in other EU member states over the last several months. However, the proposal confronts significant legal and practical headwinds. Lawmakers have debated whether the rules can legally be implemented, pointing to recent legislative rows in France over such a policy, and if it would be effective given difficulties in practically implementing similar measures in Australia.
In August, the French Constitutional Council ruled that introducing a ban was impacting the right to freedom of expression in a way that wasn’t appropriate, necessary, or proportionate.
Child Protection Experts Warn Against Blanket Exclusions
As the European Commission moves toward formalizing the rules, child protection advocates have urged caution regarding rigid age floors. UCC’s Dr Aisling Parkes, the special rapporteur on child protection, has warned that introducing an age limit at which children can set up their own social media accounts carries the risk of cutting off young people from having an input and restricts freedom of expression.
Dr Aisling Parkes, special rapporteur on child protection
Speaking on RTÉ radio’s Today with David McCullagh Show, Dr Parkes emphasized that according to international obligations, under the Committee on the Rights of the Child, the recommendation was that an individualistic approach
should be taken, looking at each individual child according to their own age, circumstances, and evolving capacities.
Dr Aisling Parkes, special rapporteur on child protection
Dr Parkes argued that digital literacy and direct engagement with youth are more effective than outright exclusion, pointing out that the children and young people of today are the actual real experts in terms of what they want to access, and how they want to access it. It's not just enough to say, right, we're going to ban this or we're going to exclude this group of children,
she said, adding that regulatory enforcement should target corporate practices rather than youth access.
“And I think we need to put the responsibility on the big companies that have the resources to ensure that they do things in a way that is ethical and appropriate for children and young people.”
Dr Aisling Parkes, special rapporteur on child protection
Next Steps in the European Parliament
The announcement of the EU Kids Act marks the beginning of a lengthy legislative journey. The draft proposals will need to be ratified across all EU bodies including the European Parliament and European Commission before becoming law.
The expected Thursday briefing by von der Leyen and Virkkunen means the European Commission President is likely to mean that Ms von der Leyen will not attend Canadian Prime Minister Mark Carney’s address to the European Parliament in Strasbourg that day, with EU trade commissioner Maroš Šefčovič instead representing the European Commission.
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