In a world where we are surrounded by technology, children have their first contact with screens and digital devices sooner and earlier. Therefore, it is not surprising that, On average, at the age of 11 they have their first mobile phone, according to the latest study on the Impact of technology on adolescence. Relationships, risks and opportunities, prepared by Unicef. Furthermore, this same report highlights that 94.8% of young people have a mobile phone with Internet access.
Almost half of them spend more than 5 hours a day in front of these devices during the weekend and 31.6% make the same use on daily days, while the World Health Organization (WHO) recommends, when The World Health Organization (WHO) recommends using digital devices for between 1 or 2 hours for minors. Almost 100% of adolescents are registered on a social network and 83.5% have an account on three or more. The new generations no longer arrive with bread under their arm, but with a mobile phone, a tool with access to a multitude of platforms, applications and the Internet, which can be as beneficial as it is dangerous if this technology is not used well.
Given this, the Government approved this summer the draft law for the protection of minors in digital environments. The objective is to protect personal data and access to content inappropriate for certain ages and promote parental control. Furthermore, this regulation aims to safeguard the right to privacy, honor and self-image within the digital sphere. Although it is true that In Spain, some first steps had already been taken and, for example, In Cantabria, mobile phones are going to be completely banned in educational centers, It has not been until now that the Executive has taken action on the matter seriously.
The real purpose of this regulation is to put a stop to the risks that the Internet brings with it, such as inappropriate content, cyberbullying or simply generating an addition to the screens. Therefore, Just like tobacco or alcohol, they are prohibited for minors because their effects at an early age can be even more devastating, Overuse of technology can also have negative consequences for younger generations. This has meant that the authorities have begun to try to solve this problem, with measures such as blocking social networks for minors, regulating their use, imposing limits, in addition to raising awareness among parents, educators and minors themselves of the consequences of overexposure to screens.
In addition, The regulations are accompanied by the creation of a National Strategy for the protection of children and youth in digital environments, which goes beyond the law itself and will have broader measures in areas such as education and health. This strategy will be led by the Ministry of Youth and Children and will be supported by the report of the group of 50 experts recently formed by this department.
The first steps of the project
Although it is true that for now it is only a preliminary draft —promoted by the Ministry of the Presidency, Justice and Relations with the Courts, in which the Ministry of Youth and Children, the Ministry of Social Rights and Agenda 2030 and the Ministry of Digital Transformation and Public Service have also participated—is still exposed to changes, since it has to be approved in the Congress of Deputies.
In general, the law contains measures to improve the knowledge of minors and their families about the risks of the digital environment. In fact, One of the points of this draft project is to establish a curricular itinerary in primary and secondary school as part of a digital literacy plan that allows minors to use new technologies autonomously and being aware of the risks. To this end, the possibility of labeling digital content with warnings whether or not it is suitable for younger people is also proposed.
Stop cyberbullying
Violation of rights that may occur in this environment will also be appropriately sanctioned, such as, for example, the dissemination of images generated by Artificial Intelligence (AI). A new form of cyberbullying called deepfakeunderstood as the unauthorized dissemination of images or audio generated by artificial intelligence or any other technology in which “simulate situations of sexual content or seriously humiliating situations for a person”, dictates the norm. This is something that has already been seen in Spain, when 15 minors from Almendralejo (Badajoz) used an AI application to spread fake nudes of more than twenty girls. Now, the digital protection law includes prison sentences of up to two years for those who create this type of false documents and includes the aggravating circumstance of their distribution over the Internet or social networks.
Likewise, the regulations seek to impose obligations to large operators and influencers, to guarantee the information and rights of minors. Furthermore, they will have to warn unequivocally, whenever the content they are disseminating is potentially harmful to the physical, mental or moral development of children and adolescents.
Now, these measures are of no use if companies do not also do their part. For this reason, the draft includes the obligation of manufacturers of digital devices to implement informative labeling on risks and a parental control system. Regarding video game platforms, The rule prohibits, in general, the access of minors to random reward mechanisms, which often involve the use of “real” money. and platforms (loot boxes). Likewise, the regulations establish the obligation for video sharing platforms to establish links to complaint channels. “It should not be a gymkhana to search the website where the parental control systems or the reporting systems are located,” argued the Minister of the Presidency, Justice and Relations with the Courts, Félix Bolaños.
Parental controls
Another of the key points of this draft is mandating all device manufacturers to enable free and accessible parental controls on all devices to which a minor may have access. The idea is that from the moment the device is turned on for the first time, this control can be applied so that the usage parameters can be managed. Given this, there are already companies like Qustodio that are working to promote parental control. “Our goal is to improve the Internet experience and make it safer for minors. The law has a good purpose, but the Government and companies have to see how to implement the tools in a more optimal way,” highlighted the Qustodio communication manager. , Emily Lawrenson. And he added that “any step to protect children is good; however, we must seek to go one step further and ensure that any device in the hands of a child is suitable for them and safe.”
The draft proposes that these new verification systems go beyond a simple question and implement “efficient, effective and mandatory” services, as Bolaños pointed out. In addition, The age of consent will rise from 14 to 16 years.
Virtual distancing
Likewise, one of the most interesting measures is that a type of virtual restraining order will be created, which, like a normal restraining order, prevents one person from approaching another at a set distance. In this case, all types of communication between the accused and the victim will be blocked, such as WhatsApp or Instagram. For this, Article 39 of the Penal Code will have to be modified to regulate the restraining order on the Internet as a possible criminal sanction, in such a way that convicted aggressors will not be able to contact the victim through social networks.
Specifically, a new section will be added for cases of bullying and gender violence. There will also be special disqualifications to carry out activities in virtual spaces. But these are not the only aspects of this regulation; primary care is planned to be included in this law. And, due to the harmful effects that screens and social networks can cause, It is intended that there be specific pediatric controls so that experts can determine the technological addiction of the minor.
In this way, the early detection and prevention of pathologies related to the use of digital tools, such as depression or addiction to screens, is favored. Furthermore, sand specialized centers related to mental health will be created to “face these pathologies” and prevent these addictions and will also train in the health field on all the addictive disorders that are occurring as a consequence of technologies.
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