“The safety of young people in the digital environment cannot be assessed without also considering the safety of young people in offline environments. For millions of young people around the world, the digital environment is their safe place, their haven from an unsafe physical environment, community, or family situation. The digital environment may be the best, perhaps only, place for them to find critical safety information and community, to explore ideas that are controversial in their families and larger physical environments, and to otherwise nourish their personal autonomy.
“For these young people, regulatory efforts that limit their access to online services or to certain features they find valuable, make their lives, in total, less safe, even if there has been some marginal safety benefit to their digital environment.
“The OHCHR must thus consider the whole of young persons’ lives in any recommendations that come out of this process and not treat ‘safety, physical or mental health, and rights in the digital environment’ as disconnected from safety, physical or mental health, and rights elsewhere.”
So begins EFF’s submission to the global Call for Inputs on Child Rights and Safety in the Digital Environment conducted by the United Nations Office of the High Commissioner on Human Rights. The OHCHR is preparing a report on the issue to be presented to the UN Human Rights Council at its 64th session in the first quarter of 2027. The Human Rights Council requested the OHCHR to solicit input from a wide range of stakeholders, including child and youth perspectives, and convene five regional consultations to assess the risks to the safety of the child in the digital environment and best practices to address these risks in different geographical areas, bearing in mind current and emerging business models.
The OHCHR acknowledges that young people today navigate a digital environment with both “unprecedented opportunities” and “serious and evolving risks,” and sets out a rights-based framing whereby “Children’s ‘safety’ is therefore addressed through the full framework of their rights — with freedom from violence (Art. 19) and protection from exploitation and abuse (Arts. 34–36) as clearly defined obligations, situated alongside privacy (Art. 16), access to information (Arts. 13 and 17), expression (Art. 13), participation (Art. 12), and development (Art. 6). Protection and the full range of children’s rights are understood as reinforcing rather than competing imperatives, and measures taken in the name of safety must not be used to restrict the enjoyment of other rights, such as the right to privacy and the right to participate.”
In light of this, EFF’s submission focused on the current general disregard for young people’s speech and privacy rights by regulators around the world, all of whom seem far more interested in empowering parents rather than young people themselves, or meaningfully involving young people in the regulatory process. We emphasized the human rights-centered uses young people make of social media that were not specifically set out in the concept note. We also explained that too often, policy proposals aiming to remedy the issues of online safety for young people introduce limitations on access to online services and content rather than tackling the specific problems that people experience.
More specifically, our submission looks at:
- the most significant risks to young people’s safety in the digital environment
- how digital product design and business models drive risks to children’s rights online, including in AI-mediated services
- the inclusion of young people’s views in the design, governance, and regulation of digital environments
- how equality and non-discrimination in access and protection can be ensured
- the promotion of digital literacy, skills, and empowerment for young people
- the impact of legislative and regulatory measures from the United States to Indonesia and Australia
- importance of broader, more systemic interventions that can address address online harms
- how global instruments and processes can protect young people online.
The internet is where young people learn, find community, explore their identities, access important information, and express themselves. Curtailing these opportunities doesn’t make them safer. And requiring everyone to hand over sensitive personal information just to access online spaces creates privacy risks for all users.
As the OHCHR has acknowledged, the solution to the issue of online safety should not require a choice between protecting young people from danger or protecting their rights. Instead of restricting access, governments should focus on the systems that create these risks in the first place; tech companies must be accountable for their design choices, data practices, and surveillance-driven business models; and young people need to be included in the decisions that affect them.
Read our full submission here.