Key facts
- Keir Starmer announced a social media ban for under-16s before his resignation.
- Incoming Prime Minister Andy Burnham is tasked with defining 'social media' and implementing the ban.
- The term 'social media' is not defined in the current Online Safety Act.
- Platforms like Instagram, TikTok, and YouTube are expected to be covered by the ban.
- There are concerns that children may bypass the ban, potentially leaving them less protected.
- Starmer is contemplating his future role, with foreign secretary or backbencher being potential options.
As Keir Starmer prepares to step down as prime minister, he is leaving his successor, Andy Burnham, with the challenging task of defining and implementing a ban on social media use for children under 16. Starmer's Tech Secretary, Liz Kendall, has provided some details on the policy, but significant questions remain, particularly regarding the definition of 'social media.'
The core difficulty lies in defining what constitutes 'social media' for regulatory purposes, as it is not a defined term within the existing Online Safety Act. While major platforms like Instagram, TikTok, and YouTube are confirmed to be included, the criteria for inclusion are broad, potentially encompassing a wide range of user-to-user services such as online marketplaces and dating apps. The government has indicated its definition will be inspired by Australia's approach, focusing on services that enable social interaction and utilize algorithms, but has yet to provide specific details on promised exemptions.
Tech lawyers are advising clients to remain cautious due to the lack of clarity and the need for coherent criteria that can withstand legal scrutiny. Unlike Canada's model, which allows for exemptions based on platforms demonstrating adequate safeguards for children, Kendall has ruled out similar workarounds, stating that services meeting the defined criteria will be prohibited for under-16s.
Furthermore, there is an acknowledgment from within the government that children may find ways to circumvent the ban, potentially using VPNs or other methods. The concern is that if children bypass the ban, they may not receive the intended protections under the Online Safety Act, as platforms might treat them as adults. This could paradoxically lead to under-16s being less protected online. The incoming Burnham government will face the complex task of navigating these challenges and steering the evolving online safety regime.
Meanwhile, Starmer is contemplating his post-premiership role. Options include moving to foreign secretary, a position that dominated his time in Number 10 and where he has forged international friendships, or returning to the backbenches. His tenure as prime minister lasted two years, and he is described as occupying an odd place in politics—not successful enough to be a grand figure, but not a failure enough to be ignored. He is advised to choose a meaningful legacy, potentially focusing on a cause like the Post Office scandal or advocating for those harmed by state mistakes.