Summary
Highlights
The Digital Child and Adolescent Statute (ECA Digital) is now in effect, bringing new regulations to protect minors online. These rules cover a wide range of digital services, such as social media, apps, games, and e-commerce. Key aspects include age verification, enhanced parental control, prohibition of erotic content monetization and promotion, personalized advertising, strict data protection, and content filtering. Experts consider ECA Digital a crucial step to improve online safety for children and adolescents, addressing the increasing violence and negative influences observed on these platforms.
The new regulations demand significant changes from platforms in their design and business models. However, responsibility extends to families as well. Statistics show that 9 out of 10 children and adolescents aged 9-17 use the internet daily, but only a quarter have parental supervision. Neuroscience highlights the growing concern of digital addiction, leading to severe behavioral issues and health problems like sleep disturbances, vision problems, sedentary lifestyles, obesity, anxiety, depression, reduced IQ, and attention deficit. The report emphasizes the loneliness and silence of children engrossed in screens, driven by the algorithmic delivery of frequent dopamine rewards, creating an infinite scroll that turns digital experiences into their reality. According to the WHO, excessive screen exposure contributes to these issues, with startling statistics showing 60% of 9-10 year olds having social media accounts despite age restrictions, and Brazilians spending an average of 5 hours daily on screens.
Carlos Afonso, a law professor and director of the Institute of Technology and Society, discusses the implementation of ECA Digital. The National Data Protection Agency (ANPD) has outlined a timeline where the adaptation period runs from August to November of the current year, with actual fiscalization beginning only in 2027. This extended timeline raises concerns given the urgency of the issues addressed. Afonso explains that the law is comprehensive, covering age verification, parental control, and content moderation, requiring significant changes from many companies. The ANPD plans to initially focus on operating systems and app stores as entry points for minors to potentially dangerous online environments. Despite the delay in sanctions, the current period allows for testing and refining the regulations, crucial for effective implementation.
ECA Digital complements the original 1990 Child and Adolescent Statute, not replacing it. Existing laws protecting children and adolescents remain in force during the transition period. The digital statute addresses modern challenges, particularly fitting for how children and teenagers interact with digital platforms like social media and games. The discussion leading to ECA Digital's approval was prompted by an influencer's video exposing harmful content, leading to arrests and demonstrating the limitations of previous legislation. Historically, concerns about protecting minors online date back over 30 years, as seen with U.S. laws from the 1990s. The current law leverages technological advancements and increased awareness to provide specific solutions for age verification and content moderation where older laws fell short.
The law does not establish a minimum age for internet access, instead relying on indicative classification. For example, WhatsApp's recommended age increased from 12 to 14. This classification, along with required verification measures for sites with potential risks, will help ensure appropriate content for different age groups. The challenge is ensuring effective verification without overly intrusive data collection that could compromise privacy. The new law aims to eliminate simple self-declaration of age, requiring platforms and operating systems to develop technologies for confirming age with a 'signal of age' rather than extensive personal documentation, marking a significant advancement in online safety.
Artificial intelligence (AI) represents the new frontier for online interaction, information, and entertainment. The main concern is avoiding a repeat of the decade-long struggles with social media regulation. AI offers opportunities to enhance information access and understanding, but it also poses risks due to potential biases embedded in its development by a few companies. The goal is to regulate AI to prevent harmful content access for children and adolescents while allowing them to leverage its benefits. This will require developing robust filters and strong cooperation between authorities and companies to ensure a safe digital environment.