In a ‘Shout Out’ published on Monday 23 February, Michael O’Flaherty, the Council of Europe’s Commissioner for Human Rights, calls on European States to exercise caution before introducing a minimum age for access to social media platforms.
The desire to protect children from an online ecosystem that does not take account of their vulnerability is legitimate, says the Commissioner, but “banning children’s access to social media, though, shifts the responsibility for safety from the platforms that create the environment to the children who navigate it”.
For Michael O’Flaherty, “given the pervasiveness of algorithmic systems, comprehensive regulation is essential. This includes ensuring algorithmic transparency and auditability, effective reporting and redress mechanisms, children’s rights risk assessments, independent audits, and restrictions on targeted advertising. These obligations must be enforceable, subject to independent oversight, and supported by sanctions and liabilities that are effective deterrents”.
He therefore welcomes the measures and sanctions taken by the European Commission against several large platforms found guilty of breaching the Digital Services Act (DSA), and calls on States to “adopt and support a similar approach”.
“The source of harm is rooted in the design and incentives of the platforms. That should be the primary focus of regulation”, he concludes.
Link to the ‘Shout Out’: https://aeur.eu/f/kva (Original version in French by Véronique Leblanc)