Dr. Stephan Dreyer was a guest on the ARD podcast “The Legal Reporters”, where he discussed social media bans for children and young people with reporters Egzona Hyseni and Philip Raillon. He warns against disproportionate interventions and emphasizes the danger of negative side effects.
Stephan Dreyer explains that a national social media ban, like the one enacted in Australia, would not be legally enforceable in Germany because the European Digital Services Act (DSA) definitively regulates the protection of minors on platforms. Due to the country of origin or establishment principle, Irish law applies to major providers. Ireland is home to major social media platforms. However, at the EU level, such a ban is conceivable, for example, through a DSA reform or as part of the planned Digital Fairness Act. “In terms of jurisdiction, this is conceivable at the EU level. For example, it could be included as a provision in a reformed Digital Services Act.”
However, he considers a total ban on social media for those under 16 to be problematic. The data linking social media use to the development of children and young people is unclear, and social media offers important functions promoting freedom of information and participation, despite the risks. “A total ban is a serious encroachment on the freedom of information and expression of children and young people.”
Stephan Dreyer understands why many parents in surveys support a social media ban. But: “The problem is that we not only have parental rights, we also have parental responsibilities […]. And if parents are unwilling or unable to fulfill this duty, […] then this normally triggers the state’s guardian function. In other words, the state must then take over the role of educating their children. However, this guardianship only applies to the extent that it enables parents to resume their educational responsibilities. A ban would be exactly the opposite of that.”
Technically, age checks are possible, but according to Stephan Dreyer, they are easy to circumvent. While politically understandable, calls for bans are often an expression of “moral panic.” Dreyer warns of undesirable side effects, such as young people retreating to less observable spaces and no longer turning to parents or professionals when they have problems.
Click here to listen to the podcast on “Soziale Medien: Schädlich genug für ein Mindestalter?” [Social Media: Harmful Enough to Require a Minimum Age?] in German.
“Die Justizreporter*innen” [The Legal Reporters] is the law podcast of the ARD legal editorial team, broadcast directly from Karlsruhe.