With the protection of minors online becoming a political priority in Europe, a key question continues to shape the debate: how can effective regulation be achieved without relying primarily on formal prohibitions?
In its Opinion No. 06/2026 on the draft law concerning the protection of minors on social media platforms, ALIA calls for the issue to be considered within a broader framework, advocating a coordinated European approach.
The Proposed Law
The opinion was issued in the context of a proposed bill aimed at strengthening the regulation of minors’ access to social networks, notably through the introduction of age thresholds and mandatory parental consent for 13-to 15-years-olds, as well as age-verification mechanisms.
Protecting Without Excluding
A central point of the opinion concerns the difficulty of reconciling protection with respect for children’s fundamental rights. Minors have the right to information, expression, and participation in online spaces. Effective regulation therefore cannot be limited to banning or restricting or banning access; it must also safeguard these rights. The Authority also notes that current scientific research does not allow for a causal link between the use of social media and mental health issues among minors.
ALIA warns against placing excessive responsibility on digital platforms alone. Parents and legal guardians must remain key figures in supporting minors, with the help of appropriate tools and better awareness-raising initiatives. More broadly, the Authority advocates an approach that prioritises media literacy.
Enforcing the Existing Framework
A key point of the opinion is the reminder that many legal instruments already exist at the European level, notably the Audiovisual Media Services Directive (AVMSD) and the Digital Services Act (DSA). From this perspective, the priority is the effective enforcement of existing rules rather than the creation of new ones.
Targeting Structural Factors, Not Just Access
ALIA stresses that the risks do not only stem from whether a minor has a social media account, but also from mechanisms designed to maximise user engagement in order to generate, collect, and exploit personal data for targeting and monetisation purposes. The Authority therefore argues that effective regulation should focus primarily on these structural factors, rather than relying mainly on age thresholds and broad access restrictions.
ALIA also criticises the application of a one-size-fits-all approach applied to very different digital services, whose features, uses, and risk profiles vary considerably.
Practical Limits of Age Restrictions
International experience shows that age-based restrictions are often circumvented by users through alternative accounts, false declarations, or the use of VPNs. Furthermore, such restrictions may lead to a displacement effect towards less regulated platforms, where the risks can sometimes be even greater. These observations call into question the effectiveness of such measures when applied in isolation. Finally, the opinion highlights several practical challenges linked to age-verification and parental-consent mechanisms. These systems raise concerns regarding proportionality and data protection.
A European Approach in the Making
Meanwhile, on 29 April 2026, the European Commission adopted a recommendation establishing a common EU-wide approach to age verification. This approach is based on anonymised age assurance technologies that minimise data collection. This development reflects the growing preference for a harmonised European approach.