The law of the digital increase, which stipulates that up to 16 years will be able to access online services and will be able to create accounts only with the verifiable agreement of the parents, arouses criticisms. “The Association for Technology and Internet” draws attention to the fact that the normative act raises many question marks on data protection. And, in addition, it would be impossible to apply. In the current form of the law, each site should check the age of any user, to convince that he is not a child.
What the law of “digital increase” provides for
“Until the age of 16, the minor accesses electronic communications and The services of the Information Society and create personal accounts, in their own name, only in the basis of the verifiable parental agreement. It is forbidden to pay for services online with minor with the age of less than 16 years without the prior validation of the parental agreement ”, This is how one of the main paragraphs of the legislative proposal that passed with overwhelming senate vote and is to be debated in the Chamber of Deputies.
The law does not explain how the identification or validation will be made, but only that ANCOM will be the responsible institution.
“The technical modalities of granting the parental agreement, requesting the suspension or of the cancellation of the minor accounts, as well as to restrict access to certain pages Electronics that have harmful content are established by order of the National Authority for Administration and regulation in communications (ANCOM) ” write in the legislative proposal.
Specialized lawyer in online law: “It is impossible to put into practice”
Bogdan Manolea, president of the Association for Technology and Internet (APTI) and a specialized lawyer in online law, brings numerous objections to the legislative project:
“It starts from some problems that could be real and legitimate, related to the access of minors to the online content, but contains excessive obligations, especially such as the obligation to identify all Internet users in the conditions of accessing an online site or service. For the only purpose to determine that there are no users who are under 16 ‘.
The law cannot even be put into practice, he says, but would lead to chaos:
“There are no automatic age verification mechanisms. The less the identity of a user. (…) Such measures are impossible to apply from a technical point of view or create a huge bureaucracy. I believe that those who wrote the law did not have the representation of what it will actually lead to if it passes into the current formula. Which I hope will not happen. ”
“The law has elements of Big Brother”
The law makes no differentiation between platforms, but refers to any online service.
“When we talk about the obligation to identify at any online service, yes, it has Big Brother elements. Think about that including an online media service is in this category. So as it would be like a user on the website Adevărul, you be obliged to be obliged to identify who he is, only in order to see if he is under 16 or not. And if he is under 16 years of age likely to block his access to certain sections of the site ”says Bogdan Manolea.
To be useful, the law should have focused on the 10 major world platforms that are used by minors in Romania, says the specialist. Otherwise, it can be considered even an instrument that could control online surveillance.
“SRI claimed in 2014 that it would be good for every computer to connect to the Internet. It is the public statement they made then, in a public debate related to the law of cyber security. So the only one who has so far asked to identify all online users is the SRI. And that’s what this legislative project does de facto ”, says the president of the Association for Technology and Internet.
Regarding ANCOM designation as a supervisor, the specialist claims:
“Again it is a nonsense, because ANCOM has no attribution in establishing who is the parent; or whose account is; or what is the parent’s account and which child’s account. So this regulation has absolutely no logic. ”
Bogdan Manolea, president of the Association for Technology and Internet
Students: Protection should not be transformed into an exaggerated restriction
And the National Council of Students comes with warnings regarding the traps of the law.
“We consider that the law of digital increase has a good intention to protect young teenagers and to ensure a safer online environment. In a period when young people are exposed daily to risks such as online harassment, handling, misinformation or contact with inappropriate content, age-verification measures can contribute to increased digital safety level. However, it is important that the application of the law is a balanced and realistic one, in order not to transform protection into an exaggerated restriction of access to information or free expression. “ says Daria-Ioana Ostachi, president of the National Council of Students.
The restrictive measures have not even returned the expected role, especially when it comes to children and teenagers.
“We believe that students, teachers and parents should be better informed about digital education, about the risks and advantages of online space. The situation must be addressed by dialogue, consultation and awareness programs, not just through restrictive measures “emphasizes the student.
Daria-Ioana Ostachi, President of Student National Council
Psychologist: Effective limits are not set by total control
Psychologists say that parents or those who take care of children are the ones who have to carefully set the limits and do digital education, without banning access to the Internet.
“We live in a world in which technology is part of daily life, and it completely forbids it would be, in fact, to isolate them on an essential part of the reality in which they will live and work. The clear limits, on the other hand, help them understand that the internet is neither good nor bad in itself, but depends on how they use it. As we teach them to cross the street safely, so we have to teach them to use the internet with discernment, with limits and respect for themselves and for others, ” The psychotherapist Dorina Stamate advises us.
It is also very important for parents to try to keep up with their teenagers and children in terms of online content.
,Keeping up with technology does not mean knowing every technical detail, but staying connected to your child and his world. When the child feels that the parent is truly interested – not only why he does online, but why he likes, what he feels, what he attracts, when a new song comes out of his favorite band, when it is the next CS championship – trust appears. And trust is the one that makes the rules follow. We may never know all the new applications that appear, but we can always know how our child feels, what kneads him, and how much connection he takes into account the emotional needs of the child “emphasizes the psychotherapist.
Children use social networks even from 5 years old
According to a study by Save the children, 78% of children use the Internet at least four hours a day. And the age from which social recipes begin to use is only 5 years. Without limits, the internet can be a scary and dangerous place.
“The problem is not only what I see online, but how it process what I see. Violent or sexualized images can cause anxiety, fear and nightmares, while unrealistic standards promoted on the Internet can affect self -image and self -esteem. Also, frequent contact with violence or aggressive language can lead to desensitization and decrease of empathy, and toxic patterns can distort understanding love and respect.“Says Dorina Stamate.
Parents, entourage or online world. Who influences teens more
At adolescence, the online environment becomes even more important.
“The family offers the first models and the educational basis, the school contributes to the formation of critical thinking, the entourage shapes social behaviors, and the online environment amplifies everything that young people see and feel. In recent years, the influence of the online environment has become more and more powerful, sometimes even above that of school or family, due to the time spent in the digital environment. However, today’s teenager is the result of the interaction of all these factors, and the balance between them is essential “believes Daria-Ioana Ostachi, president of the National Council of Students.
The psychologist concludes: “Social platforms, influencers and online models have become invisible” friends “, but very present. They can model perceptions about themselves, beauty, success or love, sometimes more than the entourage of real life. In short, who weighs more? Probably the one who is the most present in the life of the teenager – and this should give us to think to all the adults around them. “
