A new study highlights the necessity of various age verification methods to safeguard children while also allowing them to benefit from positive online experiences.
Researchers discovered that many existing age verification techniques, particularly self-declaration, do not provide sufficient assurance of a person’s age to comply with legal requirements set forth by both traditional laws and newer regulations like the Digital Services Act and the UK Online Safety Act 2023.
The findings indicate that age verification has often fallen short in guarding children against online dangers, threatening their privacy and infringing upon their civil rights.
Age verification practices are frequently poorly executed, leaving children vulnerable to unsuitable content and harmful products or services, while failing to provide the high level of data protection mandated by GDPR.
Legal age limitations regarding children’s access to content, products, and services have existed for years. The rise of the internet presents numerous challenges for both child protection and children’s rights.
The researchers emphasized the necessity of limiting children’s access to inappropriate content while also ensuring that heightened protection does not result in their exclusion from beneficial digital services.
Age verification encompasses various methods used to assess or confirm a person’s age. The researchers advocate for a “child rights” framework that involves consulting children on safety and privacy protocols, with all initiatives undergoing thorough evaluation. They identified significant child rights issues concerning protection, discrimination, privacy, the right to participate, and other civil liberties.
Age verification should incorporate principles of privacy-by-design and safety-by-design to allow children to enjoy digital opportunities suited to their age while also ensuring their protection.
This study, funded by the European Commission, was conducted by Sonia Livingstone and Mariya Stoilova from the London School of Economics and Political Science, Abhilash Nair from the University of Exeter, Simone van der Hof from Leiden University, and Cansu Caglar from Queen Mary University of London, and it has been published in the International Journal of Child Rights.
The researchers evaluated the legal obligations for age verification concerning online content, alcohol and tobacco sales, and online gambling in Europe, assessed compliance by businesses, and analyzed the implications for family life.
They found a significant gap in clear guidance from regulators on how to practically implement adequate measures, leaving both service providers and users uncertain. Most age restrictions imposed by providers appear to be a business choice to exclude children rather than to create services suitable for them.
Professor Nair noted, “Numerous laws across the EU mandate age verification, but without effective mechanisms in place, many of these laws have not been enforced effectively. With renewed interest in age verification, it is crucial to get this right so that these tools can help comply with laws while upholding rights for everyone, particularly children.”
Professor Livingstone added, “Digital services can significantly contribute to children’s growth and should therefore remain accessible. Age-based restrictions should be established based on whether the content or services could potentially harm children or certain age groups, considering all their rights.”
Professor van der Hof observed, “While age verification is the duty of digital service providers, they often pass this responsibility onto children and their parents by expecting them to input the correct age during registration. When children access services below the designated minimum age, they encounter offerings that do not specifically prioritize their safety, making them potentially unsuitable.”
The study suggests that children’s right to be heard necessitates their active involvement in designing assurance and consent procedures. They should also have easy access to file complaints when their rights are disregarded and receive support in navigating age verification.
Experts noted that trust in age verification is only partial; however, this could improve by establishing standards for the effectiveness of age verification and restrictions, along with statutory certification requirements for providing age-restricted content.
Researchers evaluated the existing laws and regulations concerning mandatory age verification in the EU and UK, as they relate to online content, gambling, and alcohol and tobacco sales. They also reviewed parental consent methods in the EU while keeping children’s rights in mind and examined evidence regarding age verification and parental control tools from the perspectives of children and families.
