·The Hindu·15 marks·250–350 wordsPolityS&TIR

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
  1. Jurisdictional approaches diverge in design
  2. Strengths of the EU model
  3. Critical limitations

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

  1. 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
  2. 2The KIDS Act explained — European Commission, Shaping Europe's Digital Futurecertified age verification, zero-knowledge proofs, design bans, proposal status
  3. 3Social Media Minimum Age compliance report — eSafety Commissioner, Australiaunder-16 minimum age and platform compliance concerns
  4. 4Social media: Age-related bans won't keep kids safe, UNICEF warns — UN Newsbans may backfire; migration to less regulated platforms
  5. 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
  6. 6Digital Personal Data Protection Rules, 2025 — PIB, Government of Indiachild defined as under 18; verifiable parental consent requirement
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