The EU KIDS Act: Brussels faces a test of fundamental rights
On 14 August, the Constitutional Council struck down the French measure banning access to social media for under-15s. One month later, the Commission is proposing a European regulation that also introduces a restriction for this age group. But unlike the rejected French proposal, Brussels has carefully considered the proportionality of its measure. Article 6 of the proposed ‘ Kids Act’ tabled today does not ban all… social media platforms: it prohibits those under 15 from having accounts on services deemed to pose a risk, particularly due to certain features such as live streaming, profiling or continuous content consumption. In practice, this amounts to banning all social media platforms. Furthermore, as we shall see, not all issues relating to fundamental rights have been resolved. A tiered approach, but without parental involvement…