First Minister Swinney Weighs Social Media Ban for Under-16s

First Minister John Swinney has indicated he would contemplate prohibiting social media use for individuals under the age of 16. This consideration follows the UK government’s statement that such a measure is “on the table,” particularly after Australia implemented a similar ban. The UK government holds responsibility for online safety regulations in Scotland. Speaking to BBC Scotland News, Mr. Swinney confirmed discussions with Labour ministers regarding this matter and stated his intention to “look carefully” at various approaches to safeguard young people. He articulated a goal to “strike the right balance” between shielding individuals from the “damaging” aspects of social media and acknowledging its potential positive contributions. The leader of the SNP stated: “The Scottish government will look at the measures that are necessary to tackle the effects, the negative effects, that came come from social media on young people.” He further remarked: “It’s vital that we are alert and aware of the potential threats that can exist, whilst acknowledging that there are many benefits of social media activity.” Earlier, Swinney informed reporters that he perceived a “strong argument” for implementing an Australian-style prohibition and would give thought to such an action. Within the UK, the majority of widely used social media platforms mandate users to be at least 13 years old to register, although certain websites are specifically designed for younger audiences. Social media companies are prohibited from gathering or retaining personal data belonging to children under 13. Only individuals aged 13 and above are permitted to subscribe to online services without requiring parental consent. Authority concerning online content and mobile phones is not devolved to the Scottish Parliament (Holyrood) but rests with the UK government. Last month, Labour Technology Secretary Peter Kyle stated that a ban was “on the table.” He additionally disclosed plans for further investigation into the effects of smartphones and social media on young individuals. Kyle affirmed his commitment to “do what it takes” to ensure children’s online safety. The discussion surrounding social media has gained momentum since the Australian government declared its intention to prohibit its use for those under 16. This proposed ban, unlike similar efforts globally, will not feature exceptions for current users or those with parental approval. Technology companies face potential fines of up to A$50m (£25.7m) for non-compliance. The prohibition is slated to encompass Snapchat, TikTok, Facebook, Instagram, and X. Gaming and messaging platforms are excluded, as are websites accessible without an account, indicating that YouTube is improbable to be included in the ban. Demands for more stringent regulations have persisted for approximately ten years, yet their implementation has encountered significant challenges due to strong resistance from well-resourced technology companies. The European Union previously withdrew a proposal aimed at preventing social media companies from processing personal data of individuals under 16 without parental authorization. Joanna Barrett, associate head of policy at the children’s charity NSPCC Scotland, commented: “The Scottish government is right to consider what more can be done to protect children online but our concern is that blanket bans on social media could drive teenagers to less secure, unregulated spaces which may put them in greater risk.” She further added: “Instead, the onus should be on tech companies to implement robust safety features such as age assurance, content moderation and child sexual abuse detection tools rather than blunt bans.” A key question arises regarding whether the Scottish government possesses the authority to prohibit social media use for under-16s, or if this power resides exclusively with the UK government. This jurisdictional aspect could be central, irrespective of the merits of any ban. Online safety falls under Westminster’s purview. Nevertheless, Holyrood might still endeavor to restrict social media access for under-16s or enhance online safeguards, potentially framing it as a public health initiative. Should the UK government decide against a nationwide ban, the Scottish government could potentially request the authority to implement one specifically within Scotland. There is also a possibility that the Scottish government might attempt to legislate for such a ban, which could lead to a legal challenge from the UK government. However, such developments are currently premature. Given the improved relationship between the Scottish and UK governments since the election, it is improbable that either party would seek a legal dispute over a measure intended to assist potentially vulnerable young individuals. Furthermore, a straightforward question without a definitive answer remains: would a ban implemented solely in Scotland prove practical or effective? Copyright 2024 BBC. All rights reserved. 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