“I have 9 hours of screen time over the weekend.”- Child
“So suddenly, you’re going to have a lot more time to fill. What will you do?”- Reporter
“Stare at a wall.”- Child
This arid response by a member of the UK youth is just one example of the affected children’s opinions on the government’s proposal to ban social media for under-16s. The government says it hopes the social media ban for under-16s will come into force next spring. This would include banning popular social media sites such as TikTok, Instagram, Snapchat, and YouTube. Proponents of the ban, such as Women’s Aid, have argued that the lack of regulation has harmed the younger generation by exposing them to dangerous rhetoric that incites violence against women, as well as online predators.
The UK’s growing appetite to ban children’s access to social media marks a significant cultural and legal shift, and it remains to be seen how this will be navigated.
Current Law
In England and Wales, the legal framework governing children’s use of social media and technology operates through two principal mechanisms:
- Parental Responsibility– decisions about children’s engagement with technology have fallen within the realm of parental responsibility. Parents have been expected to determine appropriate levels of access, supervision, and restriction in relation to social media in a manner consistent with their child’s welfare.
- Online Safety Act 2023– the Act provides significant regulation for social media providers tackling offensive communication, illegal content, disinformation and the protection of children. It imposes a duty of care on certain types of online providers to take responsibility for the safety of their users in the UK.
Traditionally, the responsibility for regulating a child’s online activity has been framed as an extension of parental responsibility. However, the proposed ban on social media demonstrates a structural shift. Child online safety is no longer viewed solely as a family matter. The burden of protection is moving away from individual parents and onto social media platforms and the government. This aligns with a broader regulatory trend reflected in the Online Safety Act.
The Welfare Principle
When there is a parental dispute regarding a child’s upbringing a child’s welfare is the court’s paramount consideration. This ban signals that welfare is no longer merely something courts adjudicate between parents, but something the government actively defines in a broader regulatory sense.
Where parents cannot agree on whether a child should access social media or how restrictions should be enforced, the court may be asked to determine the issue directly. If this ban is implemented, it is likely that that these disputes will increase.
It is also likely that child arrangements orders will contain more nuanced conditions addressing device use, monitoring, and online behaviour.
An additional layer of uncertainty arises when considering how different judges may approach digital harm. It is entirely plausible that generational perspectives could influence judicial reasoning. For example, an older judge may view social media as inherently harmful and support strict limitations. Whereas, a younger judge may recognise its role in social development and communication, leading to a more permissive approach. This divergence has the potential to create inconsistency in outcomes, leaving parents uncertain about how the law will be applied in practice. We could also see a legal reframing of the ‘best interests’ of a child in legislation.
Looking Ahead: Is the Children Act 1989 Fit for Purpose?
While the welfare principle remains deliberately flexible, enabling courts to adapt to modern issues, there is growing debate as to whether legislative reform is required to provide clearer guidance on digital welfare. The absence of explicit statutory reference to online environments is likely to create the uncertainty mentioned above.
To create greater stability, a legislative change is probable to combat the uncertainties raised from the ban. Parliament may seek to modernise the legislation, integrating digital considerations directly into the welfare checklist. For example, courts could rely on evidence of hours spent on mobile phones or exposure to certain online content. Additional factors could include the extent and quality of parental supervision of a child’s digital activity, as well as the child’s digital literacy and ability to engage safely online.
It is evident that the enduring principles of family law will likely become an increasingly significant area of legal development in the coming years.
If you are worried that social media may be impacting your child’s wellbeing and are unsure whether the court can help, seeking legal advice at an early stage is crucial.
If you need any further guidance on navigating parental responsibility in light of these regulatory developments, please contact us on 0345 646 0406 or fill in our online enquiry form and a member of our Family Team will be more than happy to assist.