A new step by Brussels to prevent the harmful consequences that social networks and technological platforms can have on minors. The European Commission has opened an investigation into Meta this Wednesday for failing to “identify, assess and mitigate […] the risks posed by the access of children under 13 to its services” on its social networks Facebook and Instagram. The EU Executive adds that, despite the company’s “own terms and conditions” setting 13 years as the minimum age for access to these platforms, the “measures” adopted by Meta “to enforce these restrictions do not appear to be effective”.
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The European Commission and several of its Member States have made the implementation of effective age verification mechanisms for social network users their battleground. Brussels has even built a technological base from which this can be done and has made it available to governments and companies so that there are no excuses. It is, in short, about mitigating the risks that digital platforms can pose to minors, one of the key elements of the Digital Services Act (DSA). These risks range from social media addiction to children’s exposure to hate speech or the sale of illegal products.
In Meta’s case, controlled by Mark Zuckerberg, the Commission already opened an investigation in October for failing to guarantee, as required by the DSA, mechanisms for reporting illegal content potentially harmful to minors, which is still open. And alongside this, a new one is now being opened for failing to comply with one of the basic obligations of European rules for large digital platforms in EU markets (those that gather at least 45 million users, 10% of the population): the risks that the activity of these companies can pose to minors.
“The Commission has preliminarily concluded that Instagram and Facebook are in breach of the DSA for failing to diligently identify the risks posed by the access of children under 13 to their services,” begins the Brussels statement, which then underlines that Meta itself sets among its access requirements: exceeding that age. However, it does not implement effective mechanisms to ensure compliance: “For example, when creating an account, children under 13 can enter a false date of birth that makes them appear older than 13, without effective controls to verify the accuracy of the declared date of birth”.
A few weeks ago, the Commission accused several pornographic websites of “allowing minors” to consume their content due to a lack of effective age control and verification mechanisms. The case with Meta has not yet reached that stage; what the EU Executive is doing for now is announcing that there are strong indications that there are no controls to ascertain users’ age and that it will investigate this in depth.
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In addition to these mechanisms, Brussels believes that Meta does not facilitate “reporting children under 13 on the platform; it is difficult to use and ineffective, as it requires up to seven clicks just to access the reporting form, which is not automatically filled with user data.” “Even when a child under 13 is reported for not meeting the age limit, there is often no adequate follow-up, and the reported child can continue to use the service without any control,” the Commission adds.
Regarding the results of Meta’s self-assessment, Brussels emphasizes that it “contradicts a wide body of evidence from across the European Union indicating that approximately 10% to 12% of children under 13 access Instagram and/or Facebook.” “Furthermore, Meta appears to have ignored readily available scientific evidence indicating that younger children are more vulnerable to potential harms caused by services like Facebook and Instagram,” it concludes.
Minors’ access to social networks is an issue that has prompted a reaction from several Member States, which have announced measures to set minimum ages. Greece, France, Spain, and Denmark are among the countries that have indicated they will propose legal reforms in this regard and have collaborated with the European Commission in developing the underlying technology to effectively verify age. Spain has even announced changes to its penal code.
