Focus on platforms, not sweeping bans – O’Flaherty
The Council of Europe’s (CoE) Commissioner for Human Rights has urged European countries to be cautious about imposing what he described as “sweeping bans” on children’s use of social-media platforms.
Irish lawyer Michael O’Flaherty made his comments as several European countries consider introducing a minimum age to access social-media platforms.
“The focus on restricting access should not deflect attention from ensuring that platforms respect human rights through clear legal duties, independent oversight, and effective accountability,” he stated.
System ‘failing children’
O’Flaherty acknowledged that efforts to restrict children’s access through blanket bans and mandatory age verification arose from legitimate concerns, adding that “the current online ecosystem is failing children”.
“Children are exposed to violent, sexual, or distressing content, grooming, and rapidly spreading disinformation. Opaque algorithms direct them toward extreme material, while manipulative designs influence their behaviour, and pervasive data collection compromises their privacy.
“These outcomes are foreseeable results of specific design choices and business models, necessitating regulatory intervention at the source,” the commissioner stated.
O’Flaherty argued that banning children’s access to social media shifted the responsibility for safety from platforms to children.
“States should require platforms to prevent and mitigate risks to children’s rights by design and by default, and hold platforms accountable for failures,” he said.
‘Enforceable’ obligations
The CoE commissioner called for measures to ensure 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 added.
O’Flaherty welcomed European Commission sanctions against large online platforms found to be in breach of the Digital Services Act, adding that CoE member states should “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 concluded.