Cabinet adopts interim rules

On Wednesday, 14 October, the federal cabinet in Berlin approved key points for transitional rules on social media for children, drafted by the Family Ministry. The paper would bar children under 13 from platforms such as TikTok, Snapchat and Instagram. These platforms already set a minimum age of 13 in their terms of service, but EU watchdogs in Brussels have repeatedly criticised weak enforcement of that limit. The restriction would hold until EU-wide rules take effect. Exceptions would apply to offers that can be shown to be suitable for children, and teenagers aged 13 to 18 would face graduated restrictions. Because the text is a declaration of intent rather than a bill, it leaves open when the limits would actually begin.

The EU route and its delays

The European Commission announced its plans in September under the name EU Kids Act. Under those plans, children under 13 would be barred from social media across the EU, and users from 13 could use parent-supervised mini accounts with limited functions and a cap of one hour per day. Handelsblatt reports that under the EU plan, young people could only open their own accounts from age 15. The newspaper also expects the legislative process not to be completed before 2028. Parliament and member states still have to agree on a common line. Germany can set its own rules, but only the EU can enforce mandatory age checks on large platforms under its digital laws. In France, the Constitutional Council struck down a social media ban for under-15s because the judges found it too general.

Ministers' statements

Karin Prien (CDU), the federal family minister, said she expects an EU-level rule to be reached next year, but added that the government would not wait for it. She said the cabinet decision creates the basis for children and young people to grow up safely and self-determined in the digital world.

“Protection, empowerment and participation are our mandate.”

Stefanie Hubig (SPD), the federal justice minister, said social media as it currently works does not do children and young people any good. She put much of the responsibility on the platforms, which control the algorithms and make billions in profits, while saying that state bodies and parents must also protect young people better.

“We must not wait until new rules for the large platforms are adopted in Brussels.”

Hubig also wants family law to state that parents are responsible for supervising their children's media use.

“Parental responsibility does not end when the child is sitting in front of a screen.”

Expert basis and risks

The key points rest on recommendations from an independent expert commission on child and youth protection in the digital world, which Prien set up a year earlier. Its 18 members came from educational research, pedagogy, medicine, psychology, criminology, philosophy and law. According to the expert report, young people face considerable risks from social media, AI and other digital formats. These include violent and pornographic content, hate messages, disinformation, unrealistic beauty ideals, cyberbullying, sexual harassment, financial risks and excessive use. The paper says one in four children already shows problematic usage patterns on social networks, while also noting that children use digital offers to learn and to exchange ideas.

What comes next

The cabinet aims to adopt a reform of the Youth Protection Act (Jugendschutzgesetz) still this year. After cabinet approval, the bill must pass the Bundestag and the Bundesrat, a process the articles expect to take a few months. Until the EU-wide limits apply, the German restrictions would rest on the national key points alone. Prien expects an EU-level rule next year.