The European Commission has published guidelines under Article 28 of the Digital Services Act, a move that could lead to social media bans for minors. The guidelines require online platforms to ensure a high level of safety, privacy, and security for minors on their services, but also allow for age checks as a means to achieve this.
EFF (Electronic Frontier Foundation) recently submitted feedback to the Commission’s consultation on the guidelines, emphasizing that online safety measures must prioritize young people’s rights and freedoms. However, the guidelines contain provisions that could undermine these rights, particularly in cases where age checks are used to restrict access to digital spaces.
The guidelines acknowledge the tension between ensuring minors’ privacy and requiring platforms to know their age. Instead of resolving this tension, they state that service providers should not be incentivized to collect user data, including age information. This means that platforms may still use age verification measures, such as ID checks or biometric age estimation, which can be problematic for vulnerable groups.
The Commission’s guidelines also introduce an opening clause for national rules on age limits for certain services, allowing Member States to introduce their own regulations. This could lead to a patchwork of different age restrictions across the EU, potentially creating more problems than solutions.
Experts warn that social media bans will not make the internet a safer space for young people. Instead, they may simply shift the responsibility from platform providers to users themselves. By banning certain groups of users, platforms are let off the hook, while teenagers who find ways to circumvent age restrictions will be left without protections or age-appropriate experiences.
The EU’s approach to social media regulation raises concerns about the balance between online safety and young people’s rights to expression, information, and participation. As the guidelines continue to shape the EU’s digital landscape, it is essential to prioritize these fundamental rights and ensure that any regulations protect rather than restrict them.
Source: https://www.eff.org/deeplinks/2025/07/just-banning-minors-social-media-not-protecting-them