Social media bans in Canada - Key Issues and Considerations

There has recently been increased movement towards a social media ban for Canadian youth under the age of 16, similar to the ban enacted in Australia last December. The federal Liberals recently passed resolutions to set a "minimum age of 16 for creating social media accounts" and for anyone under the age of 16 to be banned from accessing "all AI chatbots and other potentially harmful forms of AI interaction".  While these resolutions will not necessarily turn into law, the Premier of Manitoba announced this week that his province will be the first to enact legislation banning social media and AI chatbots for under-16 youth.

Along with attempts at an Online Harms Act and the Privacy Commissioner of Canada's consultation on a Children's Privacy Code, the intent of this government activity signals a positive step in the right direction for protecting youth from addictive platforms and harmful online content. However, there are a multitude of considerations that demonstrate that this type of social media ban may not be the most effective solution to protecting youth online.

- Onus on kids and parents, not tech platforms:  While a social media ban attempts to keep under-16 youth off social media, it does so in a way that increases the burden on kids and parents to provide information about their age and decide whether or not kids are allowed to lie about their age.  There is already evidence from countries such as Australia that these bans are not working and are instead causing youth to lie about their age and/or use less safe platforms to socialize online - with anyone from friends to predators.  The percentage of parents who register and monitor parental controls on social media platforms is quite low - with studies showing anywhere from only 1% to 50%.  Instead of putting more onus on parents, the focus should instead be on educating parents on how to use these controls and how to discuss potential harms with their children.  This type of training requirement could be contemplated in legislation as a burden on tech companies and government bodies to address in a collaborative way.

- Concern with age assurance mechanisms:  Social media bans impose on users that they will have to prove their age through verification methods such as facial age estimation and biometrics.  These mechanisms are far from perfect and often raise more issues than they address, such as the over-collection of sensitive information, the definition of which was heavily debated in the Bill C-27 hearings in the context of children's privacy.

- Overlapping provincial and federal privacy laws:  While the Premier of Manitoba is clearly making a statement in announcing his province's intention to enact legislation addressing social media and AI bots, this approach would lead to confusion from both a legislative and practical perspective.  As we have seen from a web of state privacy laws in the US, localized privacy laws are not the most effective way at regulating online.  The federal government needs to take the lead here and save the provinces from enacting laws that will be difficult to navigate and cause more issues for youth.  

Given that we are currently in an uncertain legal landscape with evolving laws in Canada and elsewhere, businesses should focus on understanding principles and best practices over regulation when it comes to navigating potential implications of these issues. Age assurance and social media bans are complex topics that require a collaborative approach. Businesses must work with government, standards, regulators, and parents to develop a risk-based approach that balances the fact that youth deserve a right to privacy, as well as access to essential content that is not easy to define (e.g. mental health resources).

Businesses can prepare for increased regulation on social media and age assurance by:

-- Reviewing current data flows to understand where the personal information of minors is collected. This will help them demonstrate if their use of age assurance is justified and proportionate to the potential risks involved;

-- Taking a privacy by design approach in building platforms, namely one that keeps young users in mind by, for example, minimizing data collection and posting clear and simple privacy notices. 

-- Educating themselves on global trends. 

Social media bans and age assurance are part of a larger discussion around children's privacy that is under scrutiny right now in Canada and elsewhere. Hopefully the momentum around the topic will lead to these issues being proactively addressed in a way that takes into account the best interests of youth.