The European Union is proposing the "EU Kids Act," which aims to prohibit children under the age of 13 from accessing social media. This initiative, announced by European Commission President Ursula von der Leyen on September 16, 2023, seeks to protect young people from mental health risks associated with social media usage.

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The proposed legislation requires strict parental supervision for adolescents aged 13 to under 15 in all 27 EU member states. Von der Leyen stated, "It is not about our minors accessing social media. It is about when and how we allow social media to access minors" during her address at the European Parliament.

Details from a leaked draft of the act indicate that it targets rising mental health issues among youth linked to addictive platform design and excessive screen time. Current Eurobarometer data reveals that teenagers in Europe spend an average of 4.5 hours online on school days, raising concerns about sleep loss, anxiety, and exposure to potentially harmful algorithmic content.

If implemented, this act would establish the first binding international agreement setting uniform digital health and age-restriction standards for minors. The draft specifically addresses “Social Media+” platforms, video-sharing services, and conversational AI that may pose psychological risks to youth. Adolescents aged 13 to under 15 would only be allowed to use supervised “mini-accounts,” with a cap of one hour of daily screen time, private settings enabled by default, and limited contact lists.

Additionally, platform operators would be obligated to enforce safety measures, including the removal of features that encourage prolonged engagement, such as infinite scrolling or push notifications. Companies will also need to show that their services are safe for young users based on scientific evidence.

This proposal follows recommendations from an EU expert panel advocating for a minimum digital age and shifting the responsibility of compliance onto technology companies. Previously, a similar ban in France for minors under 15 was struck down by the Constitutional Council due to concerns over constitutional rights.

To address privacy issues, the draft mandates the use of an open-source EU age verification tool that allows for age confirmation without revealing personal information. Legal experts, however, caution that loopholes may allow teenagers to circumvent checks by using older siblings’ credentials.

While the expert panel suggested a single access restriction below age 13, the leaked draft opts for stricter measures, maintaining parental oversight until age 15. This approach seeks to avoid the legal shortcomings encountered by France’s law, which was criticized for overly restricting minors' freedom of expression.

The European Parliament and the EU Council will now negotiate the final rules of the EU Kids Act. Von der Leyen emphasized the importance of establishing regulations independent of technology companies, stating, "Europe has the power to act; it is we who decide our rules, not Big Tech." The discussion over the act's adoption will require qualified majority approval from member states before it can become law.