Regulating social media for teenagers: A definitional minefield

Calls for social media age restrictions are growing in several EU Member States, aligning with broader discussions in Brussels about protecting consumers against ‘addictive’ online services. Recently, Australia approved a social media ban for those under 16, adding momentum to these debates. However, while such restrictions aim to protect children, defining ‘social media’ presents significant challenges that could make a ban ineffective or even counterproductive.

Any regulatory approach concerning children must prioritize their best interests (Art. 24 CFEU; Art. 3 UNCRC). Several arguments have already been made about prohibiting social media access for children under 15 or 16 years, such as the risk of isolating LGBTQIA+ kids from the communities they find online. Another argument stems from the issues around defining ‘social media’. Any definition of ‘social media’ risks being either too narrow, insufficiently protecting children, or too broad, restricting children’s freedom of expression and information (art. 13 UNCRC). Therefore, other regulatory options should be explored.