The definition of harm included in the proposals is incredibly broad. It includes currently illegal content and behavior, such as child sexual abuse material, terrorist content, and online harassment, alongside legal content and behavior, such as disinformation, cyber-bullying, and trolling. The monitoring by online companies that would be necessary to prevent these types of content and behavior could also be very invasive, infringing internet users’ privacy. There is a difficult balance to be between protecting children and ensuring that all of their rights are fully realized online.
States have a duty to safeguard children against harmful content and abuse online, but not at the expense of their rights to freedom of expression, privacy and to access information. Any limitations on these rights must be lawful, necessary, and appropriate. Greater transparency is essential to empower users of online services and to hold online companies responsible for their impact on children’s rights. To be effective, regulation of online companies must also be met with digital literacy programs for all children from an early age to empower them to realize their rights online and to protect themselves from the risks that confront them.