Legal obstacles are emerging in Germany for a potential ban on social media for children, according to a report from the German Parliament's Scientific Service. The main obstacles stem from European Union law, and the constitutional right of parents to raise their children may also pose an «additional obstacle». This report was commissioned by the Left Party. As in other countries, Germany is debating restricting social media use by children and adolescents. Recently, the states of Lower Saxony and Thuringia submitted a request to the Bundesrat calling for a ban on social media use for those under 14, and allowing teenagers up to 16 to use social media only in an «age-appropriate version». Experts concluded that ultimately, the question of whether member states retain the authority to ban or restrict social media platforms can only be decided by the European Court of Justice. The Left Party believes the report supports its position. Party media affairs expert David Schlicing stated: «The Left Party views the ban with extreme criticism. On the one hand, proposals to ban social media are inadequate because they do not address the existing problems in the context of digital platforms, but rather restrict the fundamental rights of young people. On the other hand, they are largely unfeasible technically and legally». Instead, he explained that his party focuses on two areas in protecting children and adolescents: «First, existing legal tools must be used decisively to effectively hold social media platforms accountable. Second, media literacy must be enhanced». It is worth noting that last December, Australia became the first country to ban children under 16 from entering social media. Under the new law, the 10 largest platforms were ordered to ban children from their sites, facing potential fines of up to 49.5 million Australian dollars (33 million dollars). Major tech companies and free speech advocates criticized the law, which, on the other hand, was welcomed by parents and children's rights advocates. Indonesia recently took a similar step. David Schlicing: • Proposals for a ban do not address the existing problems in the context of digital platforms, but restrict the fundamental rights of young people. On this basis, for example, there is a measure to impose conditions on «TikTok».
Legal Obstacles to Social Media Ban in Germany
A Bundestag report highlights challenges in banning social media for children due to EU law and parental rights. Experts believe the European Court must make the final decision.