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Children’s Digital Rights Require Genuine Safeguards Beyond Empty Promises

Nairobi: A new state coalition for the protection of children was launched at the UN AI Dialogue in July, but not a single child was present to voice their concerns during the event. Kenya, a member of this coalition, is currently debating an AI bill that lacks specific protections for children or a mechanism for their consultation. The disconnect between policymakers and the youth highlights a global issue where Big Tech influence, political shortsightedness, and increasing digital authoritarianism undermine children's rights, even as global leaders claim to prioritize their online safety.

According to Amnesty International, children and young people are often seen as passive subjects who need saving through regulation rather than as active participants in the creation of policies affecting them. The UN Convention on the Rights of the Child acknowledges children's right to be heard, yet meaningful participation often remains lacking. Inviting feedback from a limited number of children within predefined boundaries, without the ability to significantly influence outcomes, does not equate to genuine engagement.

This paternalistic approach reduces digital rights to minimizing harm rather than fulfilling children's rights and fostering a positive digital future. Although addressing social media harms is crucial, measures like teen social media bans primarily serve to placate adult voters without tackling the core issues. Child and youth advocates have long called for solutions addressing manipulative design and privacy violations prevalent in social media, games, and AI chatbots-though these calls often remain unheard in favor of superficial protective measures.

Risks such as cyberbullying, grooming, and online violence need to be addressed, but excluding children from digital platforms compromises their access to community, information, and activism. Evidence from Australia shows that children still access harmful platforms despite bans, leaving them exposed to the risks these policies intend to mitigate. Meanwhile, fundamental challenges to digital rights remain unresolved.

Children's and young people's lives are increasingly surveilled, with personal data collected and shared from early online interactions through educational monitoring systems. This surveillance becomes normalized, often without informed consent. Governments advocating for teenage social media restrictions simultaneously welcome AI in education, despite concerns over privacy and lack of evidence for educational benefits.

Child data protection is inadequate and risks further erosion due to age verification tools enforcing bans. The push for stricter age checks introduces new cybersecurity and privacy risks. France's recent evasion of enforcement questions regarding its teen ban law anticipates broader implementation of Digital Identity Wallets across the EU, despite privacy concerns.

Governments in countries like Turkey, Vietnam, and the UAE propose measures increasing privacy and free expression concerns, affecting both child and adult internet users. These actions cast governments as benevolent forces amid growing digital repression.

The debate often overlooks governmental abuse of technology to monitor and silence youth. Gen Z protests in countries such as Bangladesh, India, Nepal, Kenya, Madagascar, and Peru illustrate the power of digitally savvy youth. Yet, governments increasingly utilize social media footprints and data trails for censorship and repression.

In India, student protests demanding the education minister's resignation led to government shutdowns of mobile data and subsequent targeting of alternative communication apps. In Kenya, Amnesty International documented online harassment and surveillance tactics used against youth-led protests. State surveillance capabilities, enhanced by big data tools, facilitate crackdowns on dissenters.

These challenges to children's digital rights are critical, yet the current focus on social media bans neglects them. Policies that exclude youth rather than engage them are destined to fail, as demonstrated by Australian teens and Indian students.

Children and young people deserve meaningful inclusion in policy discussions as experts of their experiences. Governments must create opportunities for genuine input in digital policy, showing accountability for incorporating their feedback. Tech companies should co-design products with children to ensure their suitability.

Regulators should aim for a positive digital future, investing in digital literacy and creating policies that enhance digital benefits while safeguarding privacy and user agency. This involves regulating online services, banning manipulative designs, curbing Big Tech power, and limiting state surveillance.

Kenyan high school student Mark Igathe, in a winning essay for Amnesty Kenya's digital rights competition, emphasized that safety should not come at the expense of one's voice. Policymakers would benefit from making space for and listening to such youth voices.