Regulation·Tech Policy Press
Mark Scott reports on the EU Kids Act, presented on 17 September and trailed in a draft Communication obtained by Euractiv. The age structure is graduated: no access below 3, parent-controlled accounts on child-friendly services from 3 to 13, parent-opened introductory accounts with capped peer contacts and daily time limits from 13 to 15, and autonomous accounts from 15. Scope runs through a category the draft calls “Social Media+”, covering social platforms, video-sharing services, online games, and AI chatbots and companions. The design obligations are the part worth reading closely. The draft text mandates no addictive design features, naming infinite scrolling, artificial notifications and certain reward mechanisms, and requires recommender systems to go beyond engagement-based signals. Very large platforms would file compliance plans and could not launch a new feature without a positive Commission opinion inside 30 days. A supervisory fee would fund enforcement. The Commission’s own framing is unusually plain: platform business models “designed to maximise the time spent online… may exploit the vulnerabilities of children,” and “parents, not algorithms, should be raising Europe’s children.”
Why we logged it. A European institution has written our premise into a legislative text: that the extraction of time is the business model, not a side effect of it, and that the features performing it can be named and prohibited. “Go beyond engagement-based signals” is, if it survives, the most consequential sentence in European platform law. Three caveats, all load-bearing. This is a proposal: it needs Parliament and the Council, and would not apply before 2028 at the earliest. The draft does not define which platforms count as “risky”, nor quantify the contact and screen-time caps. And France offers the cautionary precedent — its own under-15 ban was struck down by the Constitutional Council on proportionality grounds eighteen days before it was due to apply. The mandatory age verification at account creation carries its own surveillance cost, which we will not pretend is small.