Media legal expert Dr. Stephan Dreyer explains the legal hurdles for a social media ban for under-16-year-olds in Germany in an interview with the Evangelical Press Service (epd). According to Stephan Dreyer, German politicians have no regulatory authority in this area due to the primacy of the European Union’s Digital Services Act, which took effect in 2024. Therefore, a ban could only be implemented at the EU level. The country of origin principle, which is enshrined in European law, would also undermine any German regulation. Furthermore, it is unclear what exactly is meant by “social media.” In the EU, this includes online marketplaces and app stores.
Dreyer points out that the internationally binding rights of children argue against a complete ban. It would make more sense to enable certain functions only for users over a certain age, a requirement already imposed on the platforms under the DSA.
Click here to read the full summary of the interview “Social-Media-Verbot nur auf EU-Ebene möglich” [Social Media Ban Only Possible at EU Level]. The summary is only available in German.