Regulating online safety for children

In a recent announcement, the Prime Minister outlined a more stringent approach to online safety, particularly concerning children’s interactions with social media. Alex Brown, Head of Technology, Media and Telecoms at Simmons and Simmons, noted that “the Prime Minister’s announcement signals a clear hardening of approach to online safety and, in particular, children’s use of social media.” Two key elements from this announcement stand out in their implications for the future landscape of online interactions.

The first significant aspect is the plan to impose a ban on the provision of social media platforms to users under the age of 16. This initiative will be subject to the UK legislative process; however, Brown points out that “there appears to be cross-party support for such a ban.” He also highlighted that the UK’s efforts are not isolated. Countries around the world are beginning to take similar measures, with Australia leading the way by enacting a world-first ban on social media accounts for under 16s, creating direct obligations for platforms to enforce age limits. Other nations, such as France, Spain, and Norway, are also progressing with their own regulations to set statutory age limits for social media usage.

The second critical element of the announcement is the recognition that the Government needs to adopt a different regulatory approach for developing technologies. Brown explained that “historically our lawmakers have been reluctant to regulate the technology and have rather sought to regulate its use cases and for good reason.” However, he also pointed out that the current landscape of rapidly evolving technology, particularly with the rise of generative AI and conversational chatbots, presents new challenges that existing regulations, like the Online Safety Act (OSA), may not adequately address. The UK Government aims to amend the OSA to regulate the design and behaviour of technologies themselves, rather than solely focusing on user-generated content or platform features.

Brown emphasises the urgency of this need, noting that “rapid developments in generative AI and conversational chatbots are exposing the limits of that model.” There is a growing concern that these advanced technologies could pose unique risks to children that current service definitions fail to capture. The proposed shift to a broader regulatory framework may indicate a significant change in how the UK will manage future risks associated with online engagement for younger users.

In summary, the UK Government's new direction in online safety reflects a proactive stance towards protecting children in an increasingly digital world, along with an evolving understanding of the nature of the technology itself.