Spain's judiciary has criticized the government's social media law for lacking legal precision and security, particularly in its age restrictions for social media access.
The General Council of the Judiciary (CGPJ) in Spain has expressed concerns over the government's draft law aimed at protecting minors in digital environments, highlighting 'deficits of precision and legal security'. In its report on the draft legislation presented to the Congress of Deputies, the CGPJ notes that the proposed increase in the minimum age for accessing platforms like Instagram and TikTok from 14 to 16 years could create 'dissonance' and 'tensions' with fundamental rights, such as privacy and image rights, which merely require a sufficient level of judgment maturity.
The law, developed with input from six different ministries, has been stalled due to ongoing disputes between political figures, notably between Bolaños and Rego, while parties involved seem to overlook expert opinions on the matter. This highlights a complex interplay between legislative action and expert insight, raising questions about the adequacy of protections intended for minors in the fast-evolving digital landscape.
As schools are now mandated for the first time to regulate individual use of laptops and tablets in classrooms, the government's push for comprehensive digital regulations reflects the growing recognition of the need to safeguard youth online. However, the judiciary's critique suggests that the current legislative approach might not adequately balance these protections with the rights of individuals, indicating a need for continued dialogue and refinement of the law before its implementation.
