94.8% of teenagers have a device with Internet access. Of these, 90.8% connect every day or almost every day, and 98.5% are registered on a social network. These are some of the data handled by the Ministry of Youth and Children on the impact of digital environments on minors. The document in which they are collected accompanies the draft law for the protection of minors in digital environments recently approved by the Council of Ministers and whose objective is to guarantee the rights of minors on the Internet and social networks. We review the main measures it includes.
Key points of the law
The new law pays special attention to the consumption of pornographic material and to raising awareness about the risks of accessing certain content inappropriate for minors: online platforms must implement age verification systems that guarantee access to content related to violence, pornography or hate speech. The unauthorized manipulation and dissemination of pornographic images generated by AI is also classified as a crime. Furthermore, the minimum age for consenting to the processing of personal data and for registering on social networks and instant messaging services is raised from 14 to 16 years. Another of its objectives is to investigate the effects that technology has on the cognitive development of children and adolescents. Therefore, protocols will be incorporated for pediatricians to carry out medical check-ups in order to promote prevention, early detection and specialized care for minors with pathologies associated with the inappropriate use of technology. In addition, manufacturers of digital devices are required to integrate a free and accessible parental control function as standard, which can be configured the first time the mobile phone, tablet, computer or smart TV is turned on.
Attention to the educational environment
The law also includes various measures to protect minors in the school environment. As a starting point, educational activities on digital citizenship and media literacy will be included in the primary and secondary school curriculum, and education on privacy, intellectual property, data protection and the risks associated with the use of social networks will be promoted. These are some of the objectives set out in the new regulation in education:
Teacher training. Establishment of specific training programmes for teachers on digital security, responsible use of the Internet and data protection.
Regulation of mobile phone usePrimary and secondary schools will have the power to regulate the use of mobile phones and other digital devices in classrooms and extracurricular activities.
Educational resources. Creation and distribution of educational resources so that schools can work with students on preventing cyberbullying, the consumption of inappropriate content and managing online privacy.
Action plans. Educational centres must develop action plans for the prevention and response to incidents related to the inappropriate use of ICT by students.
Digital coexistenceThe law will foster positive digital coexistence in classrooms, promoting mutual respect and the peaceful resolution of online conflicts.
Attention to minors with special needs. The necessary tools and support will be provided for safe and responsible use of ICT in the case of minors with special needs.
Other prohibitions and measures
Apart from the above, the law establishes other regulations and legal modifications that affect different areas:
Grooming is a crime: Online deception of minors by falsifying their age, gender or any personal characteristic with the aim of establishing contact with them and ending up committing a crime against sexual freedom will be punishable.
Greater protection against harassment: Measures to combat cyberbullying will be strengthened, including the creation of a specific reporting channel; a virtual restraining order for aggressors convicted of crimes committed in this space; and the obligation of platforms to remove harassing content immediately.
Targeted advertising: Advertising aimed at minors will be regulated by establishing strict limits on its content and form of dissemination.
Random reward mechanisms: Minors will be prohibited from accessing the random reward mechanisms offered by some video games and platforms, which are known as 'loot boxes'.
Influencers: Content creators must comply with child protection measures and clearly label sponsored content on their channels.
When will it come into force?
Although the draft bill has just been approved by the Council of Ministers, it will have to be ratified again and then reviewed by Parliament and debated in Congress and the Senate, where it could be amended. After the entire process, it is expected to come into force in approximately one year.
