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Regulation of social media

The law, as well as the rules for using social media, require compliance with a age restriction, and also provide certain user rights, especially when they are minors.

Social media: Prohibited for children under 13

Social networks are prohibited for children under the age of 13. In this regard, they comply with US legislation, which prohibits the collection of personal data on children under the age of 13.

In Europe, there is currently no legislation setting an age limit for all countries, as each country is free to decide its own age limit. In France, however, the same limit applies as in the United States, meaning that it is prohibited to create a social media account before the age of 13.

Therefore, creating an account with false information, such as an incorrect age, constitutes a violation of the terms of use of social networks.

Why is the minimum age 13?

Children under the age of 13 are vulnerable both because of comments and other content posted online by other people, but also because of content they may publish themselves on the website, such as personal information and photographs.

Furthermore, by leaving their profiles open to the public, as is often the case, minors may be exposed to individuals with malicious intentions.

Enhanced protection for 13-15 year olds on social media

Since its adoption on 25 May 2018, the GDPR has strengthened consent and transparency regarding data use. Article 8.1. concerns the collection of personal data from minors, which will now be processed differently depending on their age.

Thus, For 13-14 year olds, parental consent is now required in addition to that of the minor., following an amendment recommended by the e-Enfance Association.

Adolescents aged 15 and over may consent to the creation of their social media accounts on their own, as adults.

What are the rights of minors with regard to the collection of their personal data?

The website or application must inform minors in clear and appropriate terms:

the reasons why their data is being collected and the identity of the recipient(s) of this data; ;
whether the fields they are asked to fill in are mandatory or optional; ;
the right to access their data in order to check the accuracy of the data concerning them and, if necessary, to have it corrected or deleted; ;
the right to object to the collection and use of their data.

This last right gives the possibility to ask the site manager directly to remove a publication in relation to your child or delete their account.

This information must be included on the data collection form. Parental consent is required to collect sensitive data or use data for commercial prospecting. The publisher of a website or application for children is required to obtain prior consent from parents before collecting sensitive data or photographs of a minor, transferring their data to third parties or using it for commercial prospecting purposes by email or telephone.

The right to be forgotten for minors

Article 40 of the Data Protection Act establishes a specific right to be forgotten for minors.

An internet user who is under the age of 18 at the time of publication or creation of an online account may directly request the site the deletion of data concerning him/her and to do so as soon as possible. Exceptions exist, particularly in cases where the published information is necessary for freedom of information, for reasons of public interest or to comply with a legal obligation.

What legal remedies are available to a minor?

If, within one month of the request, the website does not take your rights of access, rectification or opposition into account, you may lodge a complaint with the CNIL (Commission Nationale de l'Informatique et des Libertés).

Social networks must comply with certain fundamental principles of law because The published content is the responsibility of its author, who is considered the publisher in the eyes of the law for confidence in the digital economy. This latter piece of legislation distinguishes it from the responsibility of the host, which refers to the social network on which the comment/photo or video is posted. The host has limited responsibility, as it has no obligation to monitor or filter data, except in certain cases. For legal action to be possible, it must be proven that the host was aware that it was hosting “manifestly illegal” content (racist, Holocaust denial, invasion of privacy or child pornography) and did not act to remove this content as quickly as possible. In this sense, they have an obligation to set up a reporting system that is easily accessible and visible to internet users.

Freedom of expression and social media

The right to freedom of expression is subject to certain restrictions in public spaces, particularly with regard to the dissemination of unlawful statements, ‘i.e. any statement that damages honour, privacy or reputation, targeted insults, defamation, and statements that incite racial hatred, xenophobia or condone crimes against humanity’.

Image rights, copyright and social media

All images shared on social media are subject to image rights, according to which a person has the right to control their image and may object to its use and distribution.

This means that’Before publishing someone's photo or video on your social media accounts, you must ask for their permission..

However, the law allows for exceptions:

for photographs taken in crowds or in public places (faces must not be shown in close-up or be identifiable); ;

for photographs of public figures: politicians, celebrities or those currently in the news.

Copyright is also subject to clear regulations on social media. Thus, Only an author may authorise the copying or use of their work. It is therefore prohibited to:

make reproductions, even partial ones, of the work;
make alterations to the work, or include extracts from it in another work;
distribute or communicate the work to the public (even free of charge).

The law also allows for exceptions in this context:

for private use (friends, family); ;
for private copying; ;
for partial copies of a work (professional or student use, provided the sources are cited); ;
in favour of information; ;
for parodic use (for humorous purposes, based on an extract from a work and with attribution); ;
as part of a panorama (a photograph taken in a public place that includes a work cannot be considered a violation if its distribution is not for commercial purposes); ;

Need assistance?

Bullying, cyberbullying, revenge porn, webcam blackmail, identity theft, exposure to violent and pornographic content, sexual violence, and usage (excessive screen time, video games, parental controls, account settings, etc.).