Preferences Meet Legal Constraints: An Analysis of Children's Vulnerability on Social Media

• In Event: Algorithmic Governance: Law, Inequality, and the Rise of AI

Abstract

Social media accompanies children’s developmental process, offering plenty of opportunities to get education, explore self-identity, establish social connections and share their ideas. However, social media also exposes children to risks, such as a loss of privacy, cyberbullying, and social media addiction. These risks stem not only from children’s not fully developed neuro-system, but also from broader socio-technical factors, including parental supervision, peer effects, and social media platform design.

Given these risks and the complex factors influencing children’s online experiences, the notions of “children” and “vulnerability” are frequently mentioned together. Regulations such as the Kids Online Safety and Privacy Act (KOSPA) in the United States, the General Data Protection Regulation (GDPR) the Digital Services Act (DSA), and the AI Act in the European Union are examples for enhancing online protection for children. However, certain legal practices, such as age-based bans from specific platforms have sparked controversy, particularly about whether such measures protect children effectively or limit children’s opportunities to get education and deprive parents of their right to educate and supervise their children. It is therefore necessary to clarify the social circumstances under which children are considered vulnerable and in need of appropriate protection in the digital life world.

For that background, we apply the key concepts of “preference” and “constraint” to children’s online behavior and explore how the interaction between these two concepts unfolds. Based on this rational choice analysis, we identify the legal areas where regulatory actions are needed, given the law’s role as the possibly most important external constraint. This approach will offer a straightforward socio-analytical foundation for timely needed legal and policy recommendations, such as social media bans or age restrictions.

Keywords: child protection; vulnerability; social media; rational choice

Authors

• Guinan Wang, Erasmus University Rotterdam

• Klaus Heine, Erasmus University Rotterdam