In September, social media platform Instagram introduced new age restrictions and privacy measures for users under 18. These changes are designed to create a safer online environment for teens, but they also bring a host of legal implications that businesses, parents, and users need to consider.

The Restrictions

Instagram’s new “Teen Account” protections are turned on automatically for users under the age of 16 for existing users and under 18 for new users. The restrictions include the following:

• Private accounts: Users need to accept new followers and people who don’t follow them can’t see their content or interact with them.
• Messaging restrictions: Teens will be placed in the strictest messaging settings, so they can only be messaged by people they follow or are already connected to.
• Sensitive content restrictions: Teens will automatically be placed into the most restrictive setting of Instagram’s “sensitive content control,” which limits the type of sensitive content (such as content depicting violence or promoting cosmetic procedures) teens are able to see in the Explore Page and on Reels.
• Limited interactions: Teens can only be tagged or mentioned by people they follow. Instagram will also automatically turn on the most restrictive version of their anti-bullying feature, Hidden Words, so that offensive words and phrases will be filtered out of teens’ comments and DM requests.
• Time limit reminders: Teens will get notifications suggesting that they leave the app after 60 minutes of use each day.
• Sleep mode enabled: Sleep mode will be turned on between 10:00pm and 7:00am, which will mute notifications overnight and send auto-replies to DMs.

Legal Implications

One of the primary legal implications of Instagram’s new age restrictions is compliance with child protection laws. In the United States, the Children’s Online Privacy Protection Act (COPPA) mandates that online services obtain parental consent before collecting personal information from children under 13. Instagram’s new measures, which include automatic enrollment in Teen Accounts and enhanced privacy settings, are steps towards ensuring compliance with COPPA. By setting accounts to private by default and restricting messaging to only those users whom teens follow, Instagram aims to protect younger users from unwanted interactions and potential exploitation.

Data privacy is another critical area impacted by these new restrictions. With the General Data Protection Regulation (GDPR) in the European Union setting stringent standards for data protection, Instagram must ensure that its handling of teen users’ data complies with these regulations. The new measures, such as limiting exposure to sensitive content and providing parental controls, are designed to safeguard teens’ data. However, Instagram must be transparent about how it collects, stores, and uses this data to avoid potential legal challenges.

The introduction of these age restrictions also raises questions about liability. If Instagram fails to adequately protect its teen users, it could face legal challenges from parents or guardians. For instance, if a teen is exposed to harmful content or interactions despite the new measures, Instagram could be held liable for not providing sufficient protection. This underscores the importance of robust enforcement of these restrictions and continuous monitoring to ensure their effectiveness.

Implementing and enforcing these age restrictions present their own set of challenges. Age verification processes must be robust to prevent underage users from bypassing the restrictions. This could involve using advanced technologies such as artificial intelligence and machine learning to detect and prevent fraudulent age claims. However, these technologies must be used responsibly to avoid infringing on users’ privacy rights.

Instagram’s new age restrictions represent a significant step towards creating a safer online environment for teens. However, they also bring a range of legal implications that need to be carefully navigated. Compliance with child protection laws, data privacy concerns, liability issues, and challenges with enforcement and implementation are all critical areas that require attention. For legal professionals, understanding these implications is essential to provide informed advice to clients and help them navigate the evolving landscape of online safety and privacy.