Calls Grow for Tech Accountability as Social Media Bans Loom for Under-16s
European governments are facing increasing pressure to strengthen regulations governing massive tech companies, rather than resorting to outright bans on social media for young people. The debate, fueled by growing concerns over the impact of platforms like TikTok, Snapchat, and Instagram on adolescent mental health and well-being, is gaining momentum across the continent. While several nations are actively considering age restrictions, the Council of Europe’s human rights spokesperson, Michael O’Flaherty, argues that focusing on enforcement of existing laws and demanding greater transparency from tech firms is a more nuanced and effective approach.
The rush to implement age restrictions – with countries like the UK, Germany, Spain, and Greece all exploring limitations – risks overshadowing the fundamental need to hold technology companies accountable for the design and operation of their platforms. O’Flaherty, an Irish human rights lawyer, emphasized the importance of balancing child protection with the fundamental right to freedom of expression. He cautioned against a simplistic solution that could inadvertently limit access to valuable information and social connections for young people. The core of the issue, he contends, lies in the platforms themselves and their responsibility to create safer online environments.
This debate arrives as Australia has already taken a significant step, enacting the Online Safety Amendment Act in December 2025, which mandates age verification measures for major social media platforms. Reddit is currently challenging this law in the Australian High Court, citing concerns over privacy implications and the potential for intrusive age verification methods, as reported by the BBC. Meanwhile, the UK Prime Minister Keir Starmer announced plans on February 15th to implement a minimum age for social media access within months, alongside restrictions on addictive features like endless scrolling and limitations on the utilize of VPNs to circumvent age restrictions.
The EU’s Digital Services Act and the Enforcement Gap
The European Union has already established a legal framework for addressing these concerns with the Digital Services Act (DSA). This legislation empowers member states to take enforcement action against technology companies that fail to protect children online. However, O’Flaherty argues that the implementation of the DSA has been inconsistent across Europe. “It’s not that we lack the law – we need to notice the concerted, sustained delivery of the law that would make a difference,” he stated in an interview with Computer Weekly. He stressed the need for a unified and vigorous approach to enforcement across all EU member states.
The European Commission has already begun to utilize the DSA, issuing preliminary rulings against platforms like TikTok. In February 2026, the Commission preliminarily ruled that TikTok’s design features, including infinite scroll and autoplay, could contribute to compulsive use among users. If TikTok fails to address these concerns, it could face a substantial fine – up to 6% of its annual global revenue, potentially exceeding £10 billion. This demonstrates the potential power of the DSA, but its effectiveness hinges on consistent and robust enforcement.
Algorithmic Transparency: A Key Demand
A central tenet of O’Flaherty’s argument is the need for greater algorithmic transparency. He insists that tech companies must be forthcoming about how their algorithms function, dismissing claims that these algorithms are too complex to understand as “unacceptable.” “We need algorithmic transparency so that what is dangerous can be detected,” he explained. “We need ongoing human rights compliance testing. We basically need an application of the tools that have been woven into the law.” This transparency is crucial for identifying and mitigating harmful content and manipulative practices that can negatively impact young users.
O’Flaherty emphasized that obligations imposed on tech companies must be enforceable, subject to independent oversight, and backed by meaningful sanctions. He believes the root cause of the harm lies in the platforms’ design and the incentives that drive their behavior. This perspective aligns with a growing body of research highlighting the addictive nature of social media and the potential for algorithms to exploit vulnerabilities in young people’s developing brains.
A Wave of Restrictions Across Europe
The movement towards stricter regulations is gaining traction across Europe. Germany’s ruling party recently passed a motion to ban social media use for children under 14. France has also backed similar measures, announced in January, and Denmark, Poland, and Austria are actively discussing similar restrictions. Spain announced plans in February to ban under-16s from social media and hold company executives accountable for harmful content on their platforms.
These actions reflect a growing consensus that the current self-regulatory approach has failed to adequately protect young people online. O’Flaherty argues that allowing social media companies to police themselves is “preposterous,” drawing a parallel to other heavily regulated industries like car safety, where state intervention is considered essential. He points to Singapore as an example of a country that has successfully implemented robust technology regulations without stifling innovation.
Key Takeaways
- Enforcement is Crucial: The Council of Europe emphasizes that enforcing existing regulations, like the EU’s Digital Services Act, is more effective than simply imposing age bans.
- Algorithmic Transparency Needed: Tech companies must be transparent about how their algorithms work to identify and mitigate harmful content.
- European Trend: Multiple European nations are actively considering or implementing age restrictions on social media platforms.
- Australia Leads the Way: Australia’s Online Safety Amendment Act serves as a precedent, though This proves facing legal challenges.
- Balancing Rights: Regulations must balance child protection with the fundamental right to freedom of expression.
The debate over how to protect young people online is far from settled. The upcoming months will be critical as governments grapple with the complex challenges of regulating big tech and ensuring a safe digital environment for future generations. The European Commission is expected to issue a final ruling on the TikTok investigation in the coming weeks, which will likely set a precedent for future enforcement actions. Further legal challenges to the Australian law are also anticipated, potentially shaping the global landscape of social media regulation.
What are your thoughts on the proposed regulations? Share your comments below and let us know how you think governments can best protect young people online.
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