Andy Burnham has to shape the UK’s social media ban. Australia and France could show him how.
The UK is considering a social media ban for under-16s, following Australia and France. However, the effectiveness of the ban is uncertain, with Australia's ban having a limited effect and France's ban facing a legal hurdle.
Intelligence analysis by Llama
The UK is considering a social media ban for under-16s, but the effectiveness of the ban is uncertain. Australia's ban has had a limited effect, while France's ban has been blocked by the Constitutional Council.
The UK is thinking about banning social media for kids under 16. But Australia and France have already tried this, and it's not working very well. Australia's ban hasn't stopped kids from using social media, and France's ban got blocked by the courts because it would have taken away kids' right to privacy and freedom of expression.
Analysis
Australia's Limited Effectiveness
Australia was the first country to introduce a social media ban for kids in December last year. However, the ban has had a limited effect on the number of children accessing social media. The proportion of under-16s holding at least one social media account fell from 52.4 percent to 42.3 percent at the three-month follow-up. Meanwhile, the proportion who reported using a social media platform (with or without an account) fell even less, from 85.9 percent to 81.5 percent. The Australian government's approach to the ban has been to require age-restricted platforms to take 'reasonable steps' to prevent under-16s from creating or keeping accounts. This approach has been criticized for being too lenient, as it allows for access via logged-out experiences. The UK could go further than Australia by casting a wider net to cover both account ownership and access. This could implicate not just the social media platforms, but internet service providers too. The previous Starmer government has already laid the groundwork by handing itself powers, via the Children's Wellbeing and Schools Act, to force ISPs to keep kids out.
France's Legal Hurdle
France was eager to pursue its own ban for under-15s, but earlier this month the country's Constitutional Council blocked President Emmanuel Macron's proposed social media ban, arguing the legislation would disproportionately violate children's rights to privacy, freedom of expression, and communication. While the UK's unwritten constitution means there's no equivalent judicial mechanism here - the Supreme Court has no power to strike down laws - the ruling across the Channel serves as a reminder that sweeping proposals can easily get gummed up in the courts. The UK looks set to rely on secondary legislation to push through the ban, meaning the government can largely bypass parliamentary debate. Starmer said the reason for this was to fast-track the ban. 'We've taken the powers to make sure we can act within months, not years,' he said. Secondary legislation may allow the government to move faster, but it is particularly vulnerable to judicial review, and could invite an unlikely coalition of tech companies and digital rights activists to challenge restrictions via this route. 'The inevitable consequence of such broad regulatory discretion is an explosion in litigation,' Oliver Carroll, legal director at law firm Bird & Bird, previously told POLITICO.
Key points
- The UK is considering a social media ban for under-16s, following Australia and France.
- Australia's ban has had a limited effect on the number of children accessing social media.
- France's ban has been blocked by the Constitutional Council due to concerns about children's rights.
- The UK government is likely to rely on secondary legislation to push through the ban.
- The ban could be challenged in court, potentially leading to delays or even the ban being overturned.
If the UK's social media ban for under-16s is implemented effectively, it could lead to a safer online environment for children. The ban could also prompt social media companies to take more responsibility for protecting children's online safety.
The UK's social media ban for under-16s could be challenged in court, potentially leading to delays or even the ban being overturned. Additionally, the ban could be difficult to enforce, particularly if social media companies find ways to circumvent the restrictions.
