Legislation in the Brushing to Develop Digital Safety Net to Protect the Generation Screen from Harm

In a move that wants to shape the next era of digital policy for the continent of Europe, the European Commission has announced a broad-ranging “Digital Safety Net” proposal aimed at protecting young users (dubbed “Generation Screen”) from harmful digital content. The date legislation, rationale of which is amendment of the existing Digital Services Act (DSA), has been constructed to end platform liability, improve moderation of digital content and as well as impose age-appropriate protections throughout the digital environment.

The EU has long been at the front of regulation of tech, from GDPR to DSA. However, rising concerns around children facing cyberbullying, explicit material, addictive algorithms and misinformation have raised calls for greater protections and necessitation to draft child-specific protections. A 2023 survey from the Eurobarometer noted that more than 68% of parents across Europe think their children have been exposed to potentially harmful content online, with 44% reporting mental health issues from perceived over-usage of and detox from digital distractions.

While the Brussels draft does include mechanisms for good practices including algorithmic and tone transparency, and platform accountability for harm caused, it does mandate platform as accountable for age verification tools and indicates that an e-world product must have assessed the mental health risks.

While the goals are laudable, critics suggest that there may be technical and legal issues that make the implementation of these proposals problematic. For example:

Age Verification: Privacy advocates fear identification laws may violate basic digital rights.

Algorithmic Regulation: At what point does transparency become broadly accessible without impinging on IP?

Jurisdictional Issues: Platforms that operate outside of the EU are not likely to comply with these proposed laws or are willing to “play with the law.”

The European Commission claims to have created a regulatory framework that protects both safety and privacy and is confident that AI-powered, anonymous age estimation technologies, which result in less collected data, can protect “safety without taking up too much space in our privacy.”

The EU’s proposals are similar to, but not as robust as, initiatives that occurred elsewhere in the world. In the US, the “Kids Online Safety Act” has been debated, stalled, and paused due in part to free speech arguments. The UK has launched the Online Safety Act, and while there are notable penalties for applicable platforms that are out of compliance, there are people still trying to figure out how to implement it. Australia has now implemented dramatic takedown orders and media classification schemes.

So the EU proposals are much more ambitious than anything else beyond an active set of punitive measures after damage has been done.

Parents and Educators: Generally in agreement. They want tools to limit screen time, recognize risk, and foster positive online behaviors.

Tech Platforms: Meta and TikTok are on the record with positive comments about the concepts of “youth safety”, but indicated they are definitely concerned that there would be too much regulation that would stifle innovation, and be a barrier to smaller platforms.

If the legislation is passed, it could fundamentally alter the anatomy of digital design all over the world. Companies may embrace “Europe-first” product development in order to be compliant. The same way that companies rushed to design products to be compliant with GDPR. Ultimately, the legislation could create a new type of regulatory tech startups, stemming from the need for: ethical algorithms, digital ID technology, and child-safety audits.

The mental health aspect is also important. If you consider that research has found that prolonged screen time creates anxiety, and aggression and sleep disorders, it is a leap to say this legislation could set the precedent for incorporating public health considerations into technology policy.

The Brussels Digital Safety Net is, at its core, an effort to protect a vulnerable population without eradicating the freedoms of digital expression that keep the internet free. The extent to which the legislation can achieve change is dependent on how it finds balance, between protection and privacy, between enforcement and innovation. While the draft is subjected to parliamentary scrutiny and lobbying efforts, the evolution of this legislation will be a litmus test for Europe as we launch forward into a new phase of ethical tech regulation on a global scale.

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