NAVIGATING THE DIGITAL FRONTIER: PROTECTING CHILDREN FROM HARMFUL CONTENT IN SOCIAL MEDIA THROUGH PROACTIVE LAWS, IS IT A PROGRESS OR AN OVERREACH?

Abstract

Given the vulnerability of children and their limited ability to recognize the threats, dangers, and harms of the internet - particularly on social media - as well as the consequences of their actions, and acknowledging the fact that parents or guardians are not always able to prevent potential damage, legislators in recent years have increasingly adopted a proactive approach to mitigate such harm for vulnerable groups. This approach is reflected in the recent implementation of proactive legal measures aimed at protecting minors from harmful online content. These include age barriers for social media registration in jurisdictions such as the USA, Australia, and the UK, higher requirements for digital platforms and intermediaries under frameworks, such as the Digital Services Act Package in the EU, and recent court decisions. By incorporating real-world cases and addressing emerging risks (such as generative AI), this article evaluates whether these measures effectively tackle the complexities of the digital era or inadvertently restrict minors’ access to valuable online resources. Finally, it proposes recommendations to balance safety, innovation, and user rights.