Protection of minors in digital environments

Protection of minors in digital environments

Technological development and digitalization are having a significant impact on the personal and social development of minors, allowing them to exercise their rights to information and freedom of expression and participate politically, socially and culturally at the local, national or international level. However, this impact carries risks, such as exposure to harmful, discriminatory or false content, and a need to regulate these aspects in some way.

In response to this growing need, on June 4, 2024, the Government approved a Draft Organic Law aimed at the protection of minors in digital environments .

Background of the law

The Draft Project highlights the urgent need to protect children and adolescents in digital environments , promoting comprehensive development and avoiding risks identified as cyberbullying, exposure to harmful content and health problems derived from inappropriate use of technology. Likewise, it emphasizes digital training and the active participation of young people in the design of public policies, promoting regulation that protects and promotes their online rights.

The Law includes general provisions that seek to guarantee equality and respect for the rights of children and adolescents in digital environments. Its primary objective is the formation of safe environments, protecting rights such as privacy and self-image, and promoting responsible use of technologies . In addition, it imposes new obligations on device manufacturers to include parental controls and prohibits minors’ access to random reward mechanisms, except for detailed exceptions.

This regulation also modifies the General Law for the Defense of Consumers and Users to protect minors as vulnerable consumers against digital goods and services that can cause physical, psychological and emotional health problems in minors, in addition to hindering their social interaction and cognitive development. Access to inappropriate content can lead to psychological harm, misinformation, dangerous behavior, physical health problems, inclusion in extremist groups, addictions, and economic loss.

Regulation to protect minors

The Draft Bill raises the minimum age for minors to access and register on social networks from 14 to 16 years old , aligning with article 8 of the GDPR. This seeks to safeguard the emotional and cognitive development of minors, bringing Spanish legislation closer to that of other member states of the European Union.

Likewise, it is also established that content providers and digital platforms must implement mechanisms that allow parents to supervise and limit the time of use and access to digital content . These tools should be free and available in the initial setup of the device. Resources and tools are also promoted to help parents and guardians in the supervision and education of minors in digital environments, granting educational centers the power to regulate the use of mobile devices.

In the health field, additional reviews are included based on this legal text to detect the problematic use of technologies and the possible impacts on the physical, mental and emotional health of minors. Addictive disorder prevention protocols will be updated to cover addictions related to digital media. In addition, specific studies will be carried out on the use of technologies, broken down by sex and age, and guides will be created to promote health in the use of this type of devices.

The Draft includes the penalty of “removal from virtual environments” for aggressors convicted of crimes committed in digital environments, modifying several articles of the Penal Code, prohibiting them from accessing and communicating through social networks and other digital platforms. Article 173 bis is introduced into the Penal Code, which imposes prison sentences on those who disseminate images or audio manipulated using artificial intelligence without the consent of the affected person, with the intention of damaging their moral integrity. The penalties are aggravated if the material is disseminated through social media or the internet.

Solutions for the protection of minors on social networks

To protect minors on social networks , the draft suggests several specific solutions. First, it raises the minimum age for registration to 16 years, aligning with European regulations and ensuring a safer environment for adolescents. Platforms are required to implement effective age verifiers and moderate content to avoid exposure to inappropriate materials.

In addition, technology companies are required to insert parental control tools that allow parents to monitor and limit their use , establishing default restrictions during the initial configuration of the devices. Digital education will also be promoted, training parents, guardians and minors on the safe use of social networks and the associated risks.

It should be noted that specific penalties are included for those who commit crimes on social networks, such as the spread of deepfakes and the use of false identities for grooming. These measures seek not only to punish offenders, but also to deter criminal behavior in the digital environment.

In short, the Draft Organic Law seeks to protect minors in digital environments by raising the minimum age to access social networks, implementing parental controls and imposing sanctions for digital crimes. In addition, digital education and international cooperation are promoted to guarantee a safe and healthy environment for minors.

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