Title: Embracing Ethics: How Your Business Can Foster Responsible Behavior Towards Underage Users
Ken Sterling, LA Attorney & Talent Agent. EVP Business Affairs BigSpeak. Principal of Sterling Media Law. USC Researcher on Media and Law.
November 2024 marked a major milestone in digital safety as Australia introduced the Online Safety Amendment (Social Media Minimum Age) Bill. This legislation aims to restrict underage users (under 16 years old) from accessing popular social media platforms like Facebook, Instagram, TikTok, and Snapchat.
While Australia takes the lead in safeguarding minors online, this bill holds significant implications for other nations, particularly the United States, which could adopt similar measures to address concerns related to social media usage among teenagers.
The Australian bill imposes fines of up to 50 million Australian dollars (around $31 million in USD) on tech companies failing to comply by taking reasonable steps to prohibit young users from accessing their platforms. This legislation focuses on shielding minors from the social pressures, inappropriate content, and cyberbullying commonly encountered on social media.
Although the Australian age limit is controversial, governments worldwide have long considered it their responsibility to protect minors. This new law can be seen as a testament to the ethical obligations of businesses when dealing with younger users.
As a media attorney, a law professor, and a talent agent working with social media platforms, I advise clients on media-related ethics and issues. I recommend the following strategies for businesses to interact more ethically with minors:
1. Adhere to the law.
What businesses do with children must adhere to the law. Two key legislations to consider in the US are the Children's Television Act (CTA) and the Children’s Online Privacy Protection Act (COPPA).
CTA:
The CTA restricts the advertising duration during children's shows to protect young audiences, ensuring the provision of age-appropriate content.
COPPA:
COPPA applies to the personal information collection of minors under 13 and aims to provide parents with control over how their children's data is used and shared.
2. Align with company values.
While adhering to the law is crucial, businesses can create a more honorable relationship with minors by upholding ethical standards beyond legal requirements. Honesty, transparency, and fairness are some values businesses can embrace.
Children-Focused Services:
If your business caters to younger users, consider rethinking your platform and marketing strategies to avoid risky content and practices that may negatively impact the wellbeing of minors.
3. Develop appropriate policies.
Upholding ethical standards with minors, it's essential to establish clear and robust policies for content approval, advertising, and age verification.
Policy Development:
- Set boundaries and expectations around ethical conduct related to minors.
- Make these policies highly visible to users and easily accessible.
- Review these policies regularly to stay informed about local, state, federal, and international laws.
When it comes to engaging with children, businesses can do better by assuming more responsibility for their users' wellbeing. These steps can not only improve your company's ethical standing but foster a safer environment for minors accessing digital platforms.
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Enrichment Data:
Businesses must comply with COPPA to ethically interact with minor social media users. This includes:
- Age Verification:
- COPPA Compliance: Developing methods to verify users' ages is essential to ensure compliance with COPPA, including obtaining parental consent for children under the age of 13 before collecting, using, or disclosing their personal information.
- Parental Consent:
- COPPA: For children aged 13-15, providing clear and prominent notice about information collection practices and acquiring parental consent before collecting, using, or disclosing personal information is necessary.
- Data Collection and Use:
- COPPA: Limit personal information collection from children to what is necessary while offering parents access to their child’s information.
- Transparency and Notice:
- COPPA: Provide a clear and prominent notice about information collection practices, including what information is collected, how it is used, and with whom it is shared.
- Security Measures:
- COPPA: Implement reasonable security measures to protect the personal information of children from unauthorized access, disclosure, alteration, or destruction.
- Monitoring and Enforcement:
- State Laws: Adhere to state-specific regulations, such as Florida's restriction on social media access for minors, to avoid legal challenges and enforcement actions.
- Ethical Considerations:
- Mental Health Risks: Awareness of potential mental health risks associated with social media usage, such as anxiety and depression, can prompt responsible practices.
- Platform Policies:
- Platform Responsibility: Social media platforms must have clear policies in place to protect minors by preventing the exploitation of children and maintaining a safe platform.
Ken Sterling, given his role as a media attorney and talent agent, could provide valuable insights on how social media platforms should navigate the Children's Online Privacy Protection Act (COPPA) in the United States.
In light of his experience, Sterling Media Law's Principal, Ken Sterling, could advise businesses on strategies to ensure COPPA compliance, such as developing age verification methods, obtaining parental consent, and limiting personal information collection from children.
