Senate approves on 2nd reading social media restrictions for minors

MANILA, Philippines – A bill that restricts minors or those below 18 years old from using social media has been approved on second reading at the Senate.

Senate Bill No. 2424, or the Child Online Safety and Protection Act, which seeks to protect children from physical, mental and social harms from social media platforms, was passed on second reading Wednesday evening.

Sponsored by Sen. Robinhood Padilla, the measure defines the age-restricted social media platforms as any electronic services that primarily facilitates online social interactions, and permits users to publish content accessible to other users.

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These platforms will be mandated to ensure that no person under 18 years old is able to access or create an account on the platform, and likewise must establish systems to accurately and appropriately verify the age of its users. 

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Such systems must also provide parental safety tools for age-restricted users.

READ: House panel OKs total social media ban for children below 13

In addition, social media platforms operating internationally will be required to comply with the measure, designate a representative in the Philippines and work with Philippine authorities in the implementation of the bill.

These provisions do not cover e-mailing platforms, private messaging services, online gaming that is not primarily used for social networking, educational platforms, news services, and professional collaboration tools.

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Once passed into law, the implementation of the safeguards will be subject to the oversight of the Department of Information and Communications Technology (DICT).

The agency’s functions shall include assessment of compliance,  reporting mechanisms, investigations, imposition of fines and updating of age assurance standards.

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The parents of minors also have the “primary responsibility” over the compliance of their children.

Parents who are found to knowingly assist or allow the circumvention of the banning mechanisms may be fined as much as P50,000, or may be penalized with community service, and mandatory attendance to digital parenting and child safety programs.

Higher fines are applied to the digital services and the DICT. 

Upon failure to comply, the digital services may face a P5 million to P20 million fine per violation, and another fine of P100 thousand every day that they do not comply with the measure. 

Likewise, the DICT may face administrative penalties of less than P5 million to as high as P20 million for each violation.

READ: Senate panel endorses bill setting 16 as minimum age for social media

The bill also gives the DICT authority to file a petition to restrict digital services from operating in the country for failing to apply minimum age requirements and age verification mechanisms, and failing to address harmful content.

The measure is awaiting approval on third reading before it is reconciled with its counterpart version at the House of Representatives in a bicameral conference committee.

Its counterpart measure at the lower chamber puts a full social media ban for children below 13 years old, while restrictions are placed for those aged 13 to 18 years old.

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Once Congress ratifies the reconciled version of the bill, it will be transmitted to President Ferdinand R. Marcos Jr. for signing and enactment into law. /gsg