The National Assembly validated on the evening of Thursday March 2 the principle of numerical majority. Here is what it entails.
It is a virtual unanimity (82 votes against 2) which ratified, Thursday evening in the National Assembly, the principle of a numerical majority which induces to obtain the agreement of the parents when a minor of less than 15 years wants to create a social media account. Here is what to remember from the debate and its issues.
1. Why create a numerical majority?
In 2020, a Cnil report showed that the average age of registration on social networks is 8 and a half years old. And that more than half of 10-14 year olds have at least one account on one of the platforms popular with young people, such as TikTok or Instagram. However, several scientific studies have highlighted the risk to the mental health of young people in the event of frequent use, or even addiction. And these social networks are not without risk: exposure to shocking content, cyberbullying, dangerous games… “, defended the deputy Horizons Laurent Marcangeli who carried the bill.
2. What this numerical majority imposes
A provision already existed. European legislation had pushed France to introduce this notion in 2018, leaving each country the possibility of setting the numerical majority between 13 and 16 years old. Except that it only concerned the age below which the parents had to give their consent for the processing of the child’s personal data. Social networks did not fall into this field. On Thursday, the deputies therefore voted for the obligation for all platforms present in France “to put in place a technical solution for verifying the age of users and the consent of holders of parental authority”. They even wanted this obligation to be retroactive, so that minors under the age of 15 who already have an account also obtain the agreement of their parents.
3. How will it work?
That is the question. It will be up to each platform to present a technical solution which must be certified by the Regulatory Authority for Audiovisual and Digital Communication (Arcom). Except that there is no precise tool for the moment, just tracks. TikTok and Snpachat have systems in place to help parents better monitor their child’s activity. Instagram recently mentioned a possible artificial intelligence facial recognition system. We also talk about sworn certificates or the sending of identity documents… So many systems that can have flaws, so they can be circumvented. And there is also the thorny issue of data protection and privacy. Not easy.
However, a solution will have to be found. The law, if the senators vote for it as it stands, provides for fines for social networks that do not respect these rules. The debate will perhaps at least raise awareness among parents.
