Senate approves bill banning social media access for minors under 18

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The Senate has approved a bill seeking to prohibit Filipinos below 18 years old from accessing social media platforms, while imposing penalties on parents, guardians, and technology companies that violate the proposed restrictions.

Senate Bill No. 2424, also known as the Safe Media Access and Responsible Technology for Kids in Digital Spaces (SMART KIDS) Act or the Child Online Safety and Protection Act, was approved with a vote of 16-1-0, with Sen. Risa Hontiveros casting the lone vote against the measure.

Hontiveros raised concerns over the proposed ban, warning that abruptly removing social media access without providing adequate alternatives would fail to address the needs of young people.

“Taking it [social media] away from them [minors] all of a sudden without providing adequate ways for them to cope with its absence is not the answer to their needs and it is not the answer to our collective fears,” Hontiveros said.

The proposed legislation aims to protect children from physical, mental, social, and emotional harm associated with social media use.

Under the bill, individuals below 18 years old would be prohibited from creating accounts or accessing social media platforms.

Technology companies covered by the measure would also be required to adopt age-assurance mechanisms to verify whether users meet the prescribed minimum age.

The requirement could introduce changes to how social media platforms verify users’ ages and manage account access in the Philippines.

However, the proposed restrictions would not apply to email services, private messaging platforms, or online collaboration services.

Former DICT official questions age restriction

Former Department of Information and Communications Technology (DICT) Undersecretary Jeffrey Ian Dy also questioned the proposed age restriction, particularly the decision to set the minimum age for social media access at 18.

Dy compared the proposed restriction with Republic Act No. 9344, or the Juvenile Justice and Welfare Act of 2006, which provides that children above 15 but below 18 may be held criminally liable if they acted with discernment.

“What’s the basis of this? Under RA 9344 or the Juvenile Delinquency Act, the age at which criminal liability is possible if with discernment is 15. So why is Social Media access pegged at 18? Does this mean that in the Philippines, Social Media is officially R18?!” Dy wrote.

Dy also criticized the connection being drawn between social media use and online threats, including non-violent extremism (NVE) and online sexual abuse and exploitation of children (OSAEC).

“This is what happens when our executive agencies report to Congress that NVE and OSAEC is tied to SocMed! This becomes the conclusion – a case of the blind leading another,” he added.

Penalties for parents, platforms

The measure also seeks to hold parents and guardians accountable for allowing or assisting minors in accessing social media.

Parents and guardians found violating the proposed restrictions could face fines ranging from ₱5,000 to ₱20,000 and may also be required to perform community service.

Meanwhile, social media companies could face significantly higher penalties, ranging from ₱5 million to ₱20 million for each violation.

DICT to oversee implementation

If enacted into law, the DICT would oversee the implementation of the proposed online safety safeguards.

The department would also be tasked with establishing a publicly accessible reporting platform where suspected violations of the restrictions could be reported.

The proposed reporting mechanism would provide a channel for raising concerns over possible violations of the law.

Aside from the age restrictions, social media companies would be required to establish a local presence in the Philippines.

Under the measure, platforms would need to maintain local physical offices and designate representatives whom Philippine authorities could coordinate with in implementing the law.

The requirement would create a direct point of contact between government regulators and social media companies operating in the Philippine market.

If enacted, the measure would introduce new age-verification obligations, restrictions on minors’ social media access, and compliance requirements for technology companies.

The Senate’s approval does not yet make the proposed restrictions enforceable, as the measure must still complete the legislative process before becoming law.