Canada’s under-16 social media ban starts with a catch

Canada is moving to restrict social media access for under-16s and introduce new rules for AI chatbots, joining a growing list of countries seeking to protect young people online. But the proposed legislation is not as straightforward as a simple social media ban. The Safe Social Media Act, introduced by Culture Minister Marc Miller, would prevent children under 16 from holding accounts on certain social media platforms — until those platforms can prove to a new regulator that they’re safe for kids. But for parents

(and kids), the key point is if the bill becomes law, there could initially be a period in which under-16 users are barred from some major social media platforms. Later, companies could apply for exemptions that would allow younger users back onto their services if they meet child-safety standards. Those standards have not yet been written. AI chatbots, unlike social media platforms, would not face an account ban for under-16s, though they would not escape child-safety obligations entirely. How the under-16 ban would actually work

— with an asterisk The legislation, Bill C-34, would effectively take a carrot-and-stick approach to tech companies. The stick is the age restriction. Social media companies covered by the law would have to prevent children under 16 from creating or maintaining accounts. Companies that fail to comply could face penalties of up to $10 million or three per cent of global revenue, whichever is greater. The carrot is the exemption. Platforms could apply to a new Digital Safety Commission of Canada to be exempted. For

now, the government has not said what would count as adequate protection. Possible measures could include stronger moderation, safer recommendation systems, parental controls, limits on addictive design features and faster removal of harmful content. When could a ban come into effect? Realistically, an initial ban for under-16s could come in September to December, based on the current schedules in parliament.But the language used in the bill is suitably vague to allow for flexibility. The bill must first pass the House of Commons and Senate before

becoming law. After debate at second reading, it would head to a committee for detailed study, before final votes in both chambers. So the exact timing of when a ban would come in will depend on how quickly Parliament moves and whether the legislation faces significant opposition or amendments. There is also getting the new Digital Safety Commission of Canada up and running. And this could take up to about 18 months to create. The commission would be responsible for enforcing the law, handling complaints

and developing many of the detailed rules. Once established, it would develop child-safety standards and a process allowing social media platforms that satisfy those standards could potentially regain access to under-16 users. Those that do not would remain subject to the restriction. The commission would develop child-safety standards and establish a process allowing social media companies to apply for exemptions. Which social media platforms would be affected? Would platforms like Instagram, TikTok and Snapchat be included? It’s very likely. The bill applies to traditional social

media services, livestreaming platforms and adult-content services based on user-generated content. It does not cover search engines, online marketplaces, or maps and navigation tools. It also does not cover private messaging apps, like WhatsApp. The rules would also generally apply only to services above a certain number of users — a threshold to be set later by regulation — meaning smaller platforms could fall outside the regime unless the government specifically designates them. The final list would be determined through regulations. How would tech companies

verify my child’s age? The bill requires age-verification or age-estimation measures, but it does not specify exactly what those would look like The federal government has said the onus is on the tech companies. It is not yet clear whether platforms would require government-issued identification, facial age estimation, third-party verification services or another approach. Privacy experts warn that checking whether someone is under 16 could, in practice, require platforms to verify the age of many adult users as well. Would AI chatbots be banned for

under-16s too? No. The bill does not impose an account ban on AI chatbots like ChatGPT for young users. But chatbots would not be exempt from child-safety duties. Like social media platforms, regulated chatbot services would have to build in child-protection design features to be spelled out in future regulations, and any service offering access to pornographic content would have to verify users’ ages. The bill also imposes broader obligations on chatbot companies. They would have to reduce the risk of their services producing harmful

content. And if a user expresses suicidal thoughts, an intention to self-harm, or an intention to seriously harm someone else, the chatbot would be required to immediately interrupt the conversation and direct the user to crisis services that are available at that moment and allow them to speak with a human being. The government says children are being exposed to cyberbullying, predatory content, addictive platform design and harmful material online. Miller said Canada has failed to adequately protect children and needs basic safeguards for the

platforms they use every day. It also follows growing concern about AI chatbots after the Tumbler Ridge, B.C., mass shooting earlier this year, which raised questions about what responsibilities AI companies should have when users express signs of danger. What do social media companies think of the plan? Some companies are still weighing the proposed legislation. One company did provide a statement. Meta, which owns Instagram, Facebook, and WhatsApp, said it is “encouraged” by the legislation’s exemption model. The company pointed to its Teen Accounts

features and safeguards for AI interactions, saying platforms that can demonstrate strong protections should remain available to younger users. Meta also renewed its call for age verification to be handled at the operating-system or app-store level rather than by individual platforms, arguing that such an approach would be more effective and better protect user privacy. The company continues to oppose outright social media bans for teenagers. It describes them as counterproductive. What are some concerns about the bill? Some experts say the platform-safety provisions provide

a reasonable foundation for regulating social media. But critics, including law professor Michael Geist, argue the government has bundled too many major policies into a single bill. Geist has also flagged that Canadians are being asked to trust a regulator whose powers, standards and enforcement approach have not yet been defined. Privacy advocates are also expected to focus heavily on age verification. Their concern is that a child-protection measure could become a broad identity-checking system for the internet. What do you think about the new

social media and AI policy? Write to me at hnorth@postmedia.com

Canada, Safe Social Media Act, Bill C-34, Digital Safety Commission of Canada, under-16, social media ban, age verification, AI chatbots, ChatGPT, cyberbullying, Marc Miller, Meta, Michael Geist