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Digital platforms play a crucial role in our daily lives and public discourse, making transparency, accountability, and user protection essential, especially for minors. This post examines the DSA's regulations for mandatory age verification to protect minors, as outlined in Article 35. Additionally, it focuses on Article 52, which addresses sanctions for platforms that do not comply with the DSA.
The DSA places great importance on protecting children and teenagers, recognizing their vulnerability and need for specific safeguards. An important measure in protecting minors online is the new requirement for platforms to implement age verification tools to ensure children cannot access inappropriate content. This mainly targets very large online platforms (VLOPs) and very large online search engines (VLOSEs). Previously, age checks on adult websites were insufficient, often relying on simple checkboxes.
The mandatory age verification in the DSA aims to improve this situation, specifically for major adult sites like Pornhub, XVideos, and Stripchat. However, the implementation details are unclear due to the lack of existing technical solutions that comply with privacy rights of the user base. Privacy concerns are significant, as most systems require personal identification, making them targets for hackers.
The risk of data leaks is a real concern without proper anonymization of data. There are various technological approaches to age verification, from manual ID checks to automated systems using machine learning and AI. These systems must comply with privacy laws and be effective in verifying age.
Mandatory age verification is also being considered for other platforms like TikTok. An ongoing review is assessing the effectiveness of TikTok’s age verification tools in blocking minors from unsuitable content. The European Commission has created a task force to implement the DSA, working with national authorities to develop best practices and standards.
Interestingly, the DSA's age verification requirement for adult sites only applies to the three major providers mentioned. This means smaller adult platforms with fewer than 45 million users are not covered, raising questions about the effectiveness of these regulations if minors can still access inappropriate content.
Regarding enforcement, the EU Commission will regulate the so called VLOPs and VLOSEs, while national authorities will oversee smaller providers. Each member state must appoint a responsible authority for DSA enforcement. In Austria for example, the independent media authority KommAustria has been designated as the coordinator for digital services enforcement.
The DSA’s implementation and effective age verification systems are ongoing and will require future adjustments and innovations. Emerging technologies could offer more accurate and privacy-friendly age verification methods. The DSA aims to create a safer online environment for children and teenagers, though its enforcement effectiveness remains to be seen. Overall, the DSA marks a significant step towards a safer digital space, especially for vulnerable groups like minors, by ensuring they are protected from inappropriate content.
EU Tightens Rules for Porn Sites, news.orf.at, December 20, 2023. Accessed June 16, 2024. [https://orf.at/stories/3343496/].
Digital Services Act: Task Force on Age Verification, digital-strategy.ec.europa.eu, January 30, 2024. Accessed June 18, 2024. [https://digital-strategy.ec.europa.eu/en/news/digital-services-act-task-force-age-verification].
Krempl, Stefan. Study: Age Verification on the Net. heise.de, March 28, 2024. Accessed June 16, 2024. [https://www.heise.de/news/Studie-Altersverifikation-im-Netz-ist-noetig-in-Demokratien-aber-nicht-machbar-9670768.html].
New EU Law: Digital Services Act Ensures Uniform Youth Protection, schau-hin.info, March 20, 2024. Accessed June 18, 2024. [https://www.schau-hin.info/news/neues-eu-gesetz-digital-services-act-fuer-einheitlichen-jugendschutz].
The Age Verification Providers Association, avpassociation.com. Accessed June 18, 2024. [https://avpassociation.com/map/?location=cz].
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