Social media addiction among minors is a growing global governance challenge. Critically analyse regulatory responses across jurisdictions, with reference to the EU KIDS Act.
In this answer
Addictive design — infinite scroll, streaks and re-engagement notifications — has turned minors' screen use into a public health and governance concern. The European Commission's proposed EU KIDS Act (2026) marks a shift from content policing to design regulation, though its promise remains untested.
Jurisdictional approaches diverge in design
- EU — graduated access: no independent account below 13; a parent-managed "mini account" with a one-hour daily cap for 13–14; independent accounts from 15 [1].
- Australia — flat prohibition: a blanket under-16 minimum age, enforced by the eSafety Commissioner [3].
- India — consent-based: the DPDP framework treats anyone under 18 as a child and mandates verifiable parental consent, regulating data processing rather than design [6].
Strengths of the EU model
- Reversed burden of proof: very large online platforms must demonstrate their services are safe for children, rather than regulators proving harm [1].
- Safety by design: explicit bans on infinite scroll, autoplay, streaks and re-engagement notifications directly target the addiction mechanism, not merely the gate [2].
- Privacy-preserving verification: certified checks via an EU app and Digital Identity Wallet using zero-knowledge proofs, with self-declaration ruled insufficient [2].
Critical limitations
- Enforcement leakage: eSafety's first compliance report flagged significant concerns about major platforms' implementation [3], showing age gates are easier legislated than enforced.
- Displacement risk: UNICEF warns bans may backfire, pushing children to shared devices and smaller, less-regulated apps — precisely where enforcement aimed at large platforms does not reach [4].
- Exclusion and data risk: the OECD notes age-assurance systems can over-collect personal data and exclude those lacking identity documents [5] — acute for India's marginalised households.
- Status: it remains a proposal, awaiting Parliament and Council approval [2].
Regulation must therefore be layered — age gates, enforceable design duties and digital literacy together. India's opportunity lies in pairing DPDP's stricter consent threshold with EU-style design obligations and privacy-preserving age assurance, advancing the child's best interests under the UNCRC and the Puttaswamy privacy standard.
Sources
- 1EU KIDS Act: helping children navigate a safer online world — European Commission (17 Sept 2026)age tiers; reversed burden of proof on very large online platforms
- 2The KIDS Act explained — European Commission, Shaping Europe's Digital Futurecertified age verification, zero-knowledge proofs, design bans, proposal status
- 3Social Media Minimum Age compliance report — eSafety Commissioner, Australiaunder-16 minimum age and platform compliance concerns
- 4Social media: Age-related bans won't keep kids safe, UNICEF warns — UN Newsbans may backfire; migration to less regulated platforms
- 5The Legal and Policy Landscape of Age Assurance Online for Child Safety and Well-being — OECD (2025)data over-collection and exclusion risks in age assurance
- 6Digital Personal Data Protection Rules, 2025 — PIB, Government of Indiachild defined as under 18; verifiable parental consent requirement
Practice
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