While the French constitutional judges rejected the ban on social networks for under 15s, judging it a “disproportionate limitation” of minors’ freedom of expression, in Italy the legislative process on the protection of young people online remains stalled in parliamentary committees. For a long time.
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The French case
Let’s start with current events, namely the decision of the Constitutional Council of Paris, which established that Article 1 of the French law entails a restriction “not adequate, necessary and proportionate” of the communication freedom of under 15s, without however ruling on the ban on cell phones in high schools in force since September 1, provided for by the same law but not subject to judgment.
In Italy
In Italy, the current legislation allows autonomous registration to social networks from the age of 14, subjecting access for younger users to parental consent. But the verification mechanism, based on simple self-certification, has shown operational limits that have reopened the debate on stricter rules, following what has been experimented abroad, starting with Australia.
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The bill
The reference text remains the bipartisan bill signed by Lavinia Mennuni (FdI) and Marianna Madia (Pd), which raises the threshold for autonomous registration to social networks to 15 years, introduces the obligation of parental control systems and provides protections for minors exposed online. The use of the phone and its digital functions should proceed by age groups, with increasing limits on calls and messages and with access denied to sites and services considered dangerous: a system of progressive openings, not a flat ban like the one rejected in France.
The other proposals
Two other proposals accompany the main bill. Mara Carfagna’s proposal sets a total ban under 13 years and restrictions up to 16, with a ban on advertising profiling of minors. Giorgia Latini’s (Lega) bill instead extends the obligation of parental consent until the age of majority.
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