With the amendment of the Youth Media Protection Act in Germany in 2021, the participation of young people in measures affecting them was enshrined in law by guaranteeing them seats on the advisory board of the Federal Agency for Child and Youth Protection in the Media. While this international novelty is currently being evaluated at the national level in terms of its effects, further approaches are being developed at the European and international levels to realise the right of participation in accordance with Article 12 of the UN Convention on the Rights of the Child. On the second and third days of TrustCon, the focus was on procedures for assessing the impact on children's rights (Child Rights Impact Assessment) and regulatory sandboxes.
In the session ‘From Risk to Resilience: Mastering Child Rights Impact Assessments,’ Hannah Darnton from Business for Social Responsibility introduced the UN Convention on the Rights of the Child and referred to General Comment No. 25, which addresses the implementation of children's rights in the digital environment. Based on current regulations such as the European Union's Digital Services Act, the United Kingdom's Online Safety Act and California's Age-Appropriate Design Code, she explained the need for digital service providers to implement appropriate procedures. Applying these procedures ensures that children's rights are fully taken into account, thereby guaranteeing the early identification of potential risks to those rights. These risks can then be addressed in a targeted manner, thereby making a significant contribution to compliance with legal requirements. Implementing child and youth protection measures in one's own services can also build trust among users, potential investors and other stakeholders, as well as securing one's own reputation.
With the guidelines published in mid July in accordance with DSA, Art. 28 (4), the European Commission also explicitly refers to the application of Child Rights Impact Assessments. In addition, these procedures are also discussed in the context of the risk assessments provided for in Articles 34 and 35 of the DSA, i.e. the assessment of systemic risks to be carried out by very large online platforms.
A more participatory approach is pursued by so-called ‘regulatory sandboxes’, which were tested in practice in the session ‘A Regulatory Sandbox for Child Online Safety’. These are simulation games involving all relevant actors, which simulate a concrete threat to the protection of minors. The participants – such as legislators, supervisory authorities, platform providers, prevention and counselling services, and young people themselves – are encouraged to contribute their own perspectives to the process and to develop realistic, implementable solutions through exchange.
Contemporary youth media protection must take into account the realities of young people's lives and enable them to take advantage of the opportunities offered by the digital environment for their education and personal development. Involving them in the development of regulatory measures for their protection is not a ‘nice-to-have’ but a child rights obligation.