Warning against ‘reckless’ ban on social media for teenagers

Credit: Todd Cravens via Unsplash

Governments are working to ban young people from accessing social media, but no country has managed to implement an effective regulatory system, a law academic told AdNews.

Prime Minister Anthony Albanese has proposed introducing legislation creating a minimum age for accessing social media in all states and territories before the next election.

In the United States, Florida’s Minors Online Protection Act prohibits social media platforms from allowing teenagers under the age of 14 to create accounts.

Several other states have proposed similar measures to restrict minors’ access to social media, but have faced legal challenges.

Western Sydney University’s Faculty of Law has formed a working group to examine the harm this ban could cause.

Sarah Hook, a senior lecturer at the university, said hasty laws were unlikely to be the solution.

“Ill-considered legislation in response to moral panics very rarely ends up in good law,” she told AdNews.

“No country has yet established a viable system, although many are trying. »

Hook said one of the biggest concerns is privacy and data considerations.

She fears introducing fast-track legislation while the e-safety commissioner is still testing age verification tools, meaning increased surveillance that can be used to track down and subvert the ability to be anonymous online.

“In order to ban teenagers from accessing social media, verification will require everyone to provide more and more data, which appears to be a way for the government to advance its digital ID bill,” she declared.

“This is something the UK has recently moved away from given the risks of identity theft, data leaks and vulnerability these solutions create.

“Apart from the impact on the general population, we are also concerned about what this means for young people’s ability to interact with society, access relevant education and information, and obtain support, especially when it comes to LGBTQIA+ teens who may not have parental support.”

A whistleblower revealed Meta’s internal reports on the negative effects of social media on the mental health of adolescent girls in 2021.

After several investigations, 41 U.S. states and the District of Columbia sued the company for knowingly endangering children and the Surgeon General requested a warning label on social media.

In the United States, Meta has tried to get ahead of regulation by introducing new teen accounts that will be set to private, disable certain words and have limited messaging options.

The tech giant also rolled out an age verification system that allows users to upload a selfie and prove their age by submitting a photo ID.

Hook said these measures can be circumvented and potentially compromise everyone’s private information.

“The e-Safety Commissioner has in the past recommended a ‘double-blind tokenized approach’, in which information would be provided to a third-party verifier who would certify the user’s age on social media platforms without revealing details on the child,” she said.

“Other options include verified parental consent, in which a parent verifies a child’s age on their behalf, or biometrics like facial scanning, which has the same privacy concerns and even more as it is likely used to train the AI.”

Hook said passing laws without proper consultation with the community it most impacts risks deepening alienation and disenfranchisement among young people, who often already report feelings of being isolated from politics or devalued as true social contributors.

“They will show some form of leadership in this area and compensate for the inability of children to influence policy through voting by organizing a national consultation,” she said.

“Consulting children on this can lead to better legislation and also better compliance with the law if changes are made to the regulatory framework. »

However, Hook believes most underage teens will still be able to bypass age verification systems.

“Children and adolescents will of course find ways around these bans and continue to have social lives online,” she said.

“Those who will not be considered will be those who are already vulnerable – those who do not have access to VPNs or who have disengaged or disapproving parents or guardians.

“These vulnerable children will most likely be further ostracized as they are excluded from participating in culture and peer groups. »

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