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German Legal Review Finds National Under‑16 Social‑Media Ban Exceeds Berlin’s Powers

The opinion says only the European Union can set such platform rules.

Overview

  • Germany’s Bundestag research service says a nationwide ban for under‑16s would likely conflict with the EU’s Digital Services Act, which sets uniform rules for large online platforms.
  • The analysis notes most big platforms run their EU operations from Ireland, so member states cannot impose their own overlapping rules on those services.
  • It also points to Germany’s Basic Law, which allows state limits on parental choices only in proven cases, making a blanket age‑based ban hard to defend.
  • The Federal Family Ministry says it and an expert panel are reviewing the finding, with recommendations on child online safety expected in the summer.
  • Outside the EU, Indonesia has begun enforcing its new under‑16 ban by summoning Google and Meta and warning of sanctions, and Australia’s 2025 ban helped spur broader debate and public support despite doubts about effectiveness.