Mongolia recently announced that it is preparing a draft law to limit and restrict children’s access to digital platforms. This law will be the first of its kind, prohibiting children under the age of 16 from accessing social media platforms. The Minister of Education, P.Naranbayar, stated that the law is inspired by Australia’s regulations. In particular, on November 29 2024, Australia passed amendments to the Online Safety Amendment Bill, which attracted international attention. One of the key provisions of this law prohibits children under 16 from using social media platforms such as Facebook, TikTok, and Twitter.
The draft law being developed by Minister P.Naranbayar and others may either be a product of political enthusiasm or a truly thoughtful decision aimed at protecting children, but it seems like only time can show. However, it is questionable whether Mongolia has the financial, technological, and legal capabilities to implement a law that bans children under the age of 16 from using social media. In other words, can Mongolia, under the direction of the Minister of Education, resolve this issue as an independent country? Many questions arise from this. Let’s try to clarify them.
Initiating ‘ban’ operation on social media
On February 14, Minister of Education P.Naranbayar officially announced the beginning of research for a draft law that will regulate the participation of children under 16 years old in social media. The working group is headed by the minister’s advisor, D.Gantulga. A study on the safety of children in the digital environment was conducted in 2020. According to the research, 91 percent of parents reported that their children had not been victims of cyberattacks. However, 87 percent of children had experienced such attacks, and 60 percent of them had not reported it to their parents. Furthermore, issues such as the spreading of inappropriate content, the enticement of children to harmful activities, and exposure to cyberbullying continue to arise. The responsibility to protect children from these dangers lies with us. Being responsible and respectful in the digital space is not only important for children but for society as a whole. If no decisive action is taken in this area, it may become too late. Whether to create a specific law like that of Australia or amend the current law on protecting children’s rights will be decided through discussions with social groups.
Minister’s advisor D.Gantulga commented, “The issue of children’s screen addiction is not only a problem in Mongolia but a global issue. With screen addiction, the rate of addiction increases. This is a problem that many fail to notice. Mongolians want their children to grow up healthy and wise. However, today, young children are thrilled to receive a mobile phone and become extremely upset when they don’t get one. Therefore, we are working on a draft law to restrict digital use.”
On February 19, State Secretary of the Ministry of Education Kh.Batjargal met with Jason Tither, a Manager-Corporate Partnerships at Save the Children Australia, and other officials to discuss the Online Safety Law and explore potential collaboration. The officials have expedited the process of developing measures to “remove children from social media”.
Many countries have recently begun taking similar measures. For example, according to the General Data Protection Regulation of the European Union, member states are required to obtain parental consent before processing the personal data of children under the age of 16. In some countries, the age limit has been reduced to 13. In the United States, the Children’s Online Privacy Protection Rule mandates that parental consent is needed to collect personal information from children under the age of 13. Recently, the Norwegian government decided to raise the minimum age for social media users to 15. These laws and regulations aim to protect children from digital crimes and harmful effects, ensuring their rights. However, their implementation varies based on the unique social, cultural, and legal systems of each country. Still, only a few countries have their own independent laws. This is largely due to various obstacles, agreements, and conventions involved.
‘Current regulations are sufficient’
U.Ganbayar, the founder of the information security service provider “Info Sec Plus” LLC, has earned a doctorate in Italy. He has experience participating in international information security projects at the National Research and Consulting Center and has also worked as a researcher at the University of Oxford. He stated, “Children using social media platforms who are being bullied or exposed to risks in the digital space are not directly related to cybersecurity. Bullying is more closely associated with human rights. I conducted a study with over 8,000 participants under the United Nations Development Programme, which included three groups: children aged nine to 12, 13 to 17, and their parents. The study looked into cyberbullying and the associated risks. It was found that bullying is widespread across the country. Additionally, parents have poor understanding of this issue and are unaware of the potential risks. Parents have overlooked basic matters, including the age limit for children’s use of social media. Children, in turn, tend to perceive these issues as trivial.” “For example, a nine-year-old child might say they learned inappropriate language online. In other words, children’s digital usage is increasingly focused on social media. However, when it comes to setting an age limit for users, I cannot give a clear answer. In my opinion, the current regulations are sufficient. This does not mean we should just impose age restrictions,” said U.Ganbayar.
He then continued, “What is important is that the user is shown content that is appropriate for their age. For instance, in the US, the ‘Children’s Online Privacy Protection Rule” regulates how children should be protected in the digital environment. Our Law on Children Protection also includes provisions related to the digital environment. The focus should be on how to implement these provisions effectively. Additionally, parents talking and understanding their children is the best solution, which has already been recognized globally. Adults must acknowledge that children’s use of social media and games differs from their own and that engaging in discussions and learning together to distinguish between right and wrong is effective.”
Officials have stated that they will develop the law based on international standards and after thorough research. Therefore, rather than debating whether it is right or wrong to limit the age for children to use social media, the focus should be on how to create and implement the law in a child-friendly way. The Law on Children Protection already includes provisions aimed at protecting children’s rights in media and the digital space, such as “not distributing content that negatively affects children’s development, not publishing personal information without the consent of parents or guardians, and raising public awareness about children's rights.” These provisions are focused on protecting children from the negative impacts of the digital environment and ensuring their rights, without outright banning the use of social media. Additionally, a draft law on protecting children's rights in the digital space is being developed by the relevant authorities. The goal is to ensure the safety of children’s information in the digital space, prevent bullying and threats, and create a protective system.
Lack of technological capacity and legal framework
What should Mongolia consider when developing and passing a law similar to the one in Australia? According to researchers, when creating a law to limit children’s use of social media, the priority should be to protect their rights and ensure balanced development. While it is crucial to protect children from the negative effects of the digital environment, it is equally important to respect their right to access information, communicate, and grow in the technological age. Strict restrictions might push children to bypass the law and access social media in an unprotected environment, increasing risks.
Moreover, to prohibit children under the age of 16 from using social media, platforms must accurately verify the age of their users. Does Mongolia have the technological capacity for this? Currently, some platforms attempt to verify the age of users, but these methods are not foolproof, as many users provide false information, and there is no way to monitor or correct this. Facial recognition technology could be used, but it raises privacy concerns and is generally not accepted.
Thus, protecting children in the digital space is not only the responsibility of the government and lawmakers but also of parents. Besides age limits, developing training and monitoring tools for parents is also essential. Before limiting children’s access to social media, it is necessary to create child-friendly digital platforms and improve cybersecurity systems to prevent data breaches, as many researchers suggest.
Moreover, the law must align with the Constitution, the Law on Children Protection, and other legislations. It is also important to assess whether platforms like Facebook, TikTok, YouTube, and Instagram can implement the law in Mongolia, which may require agreements or partnerships. Lawmakers should also consider the platform creators’ policies, safety measures implemented internationally, and the feasibility of enforcing the law.
Even if the law is passed, the enforcement mechanisms must be clear and effective. Mongolia aims to develop legislation that meets international standards and allows for the implementation of regulations on platforms. The law must specify whether fines will be imposed for violations and how user monitoring will be handled. Mongolian legislation should align with global legal frameworks. However, officials have acknowledged that the current laws are inadequate for setting age restrictions on social media usage.
By D.CHANTSALMAA
