Social media ban may spark disputes

The proposed ban on social media use by under-16s could have significant implications for separated families, according to the family law team at HCR Law. Intended to protect children from harmful online content and excessive social media use, these proposals may add a new dimension to disputes over smartphone access and online content. The team highlights that disagreements about digital access are becoming increasingly common among separated parents. If restrictions become law, courts might begin to view these disputes through the lens of child welfare rather than merely differing parenting styles.

Andrew Morris, family law partner at HCR Law, noted that "Many separated parents already disagree about issues such as screen time, smartphones and access to social media." He added, "What is changing is the wider public and political conversation around children's online safety." If the law shifts toward restricting social media access for under-16s, parents favouring unrestricted access may face heightened scrutiny during family court disputes.

Morris emphasised that a child’s digital activities, such as watching YouTube or using apps, will not immediately affect custody arrangements. He explained, "Family courts take a proportionate approach. However, where there are genuine concerns about a child's welfare, wellbeing or exposure to harmful content, digital supervision may become an increasingly relevant consideration."

Furthermore, the issue transcends social media platforms. The HCR team believes that these proposals will likely reignite debates about appropriate ages for children to receive smartphones and the necessary parental controls that should accompany them. Morris remarked, "Children are often given phones to help them stay in contact with both parents following a separation. However, a smartphone is much more than a telephone." He warned that it provides "unrestricted access to social media, messaging platforms and online content." As concerns around online safety continue to intensify, separated parents are likely to find themselves engaging in clearer discussions about the rules and boundaries regarding digital access in both households.