Underage, Online, Unprotected: The Legal Labyrinth of Italian Minors on Social Media

Picture this: a 12-year-old in Rome, scrolling through TikTok late at night, bombarded by algorithm-driven videos, all while her parents believe her online world is safe and regulated. But beneath the surface, a tangled web of legal contradictions and technical loopholes leaves young Italians exposed - despite laws that, on paper, should keep them out.

The debate over minors and social media in Italy is not just a political hot topic - it’s a legal minefield. After high-profile lawsuits in the U.S. and mounting pressure from European institutions, Italy is awash with new legislative proposals. But here’s the twist: by the letter of the law, Italian minors under 18 already need parental permission to sign up for platforms like Instagram, Snapchat, or TikTok.

Why the disconnect? It comes down to legal definitions. In Italy, entering a social network means accepting a contract - something only adults (18+) can do without a guardian. While exceptions exist for trivial, everyday contracts, the economic and reputational value of personal data makes social media far from trivial. Photos, biometric data, and even behavioral patterns can be extracted, reused, or weaponized, with consequences ranging from embarrassing deepfakes to AI-driven profiling.

European law adds another puzzle piece. The GDPR sets 16 as the default age for minors to consent to data processing, but allows countries to lower it to 13. Italy chose 14. Yet, while a 14-year-old can agree to certain data uses, signing up for the base service (the contract) still technically requires adult status. This paradox leaves both parents and platforms in a legal gray zone, as most social networks - driven by U.S. regulations - allow sign-up at 13, ignoring stricter Italian standards.

New legislative drafts in Italy propose everything from outright bans for under-15s to algorithmic design restrictions, stronger age verification, and hefty fines. Yet enforcement lags far behind reality: studies show children as young as 10 regularly access major platforms. Meanwhile, investigations by the European Commission have flagged platforms like TikTok for addictive design and mental health risks, especially for the young and vulnerable.

Ultimately, the root issue goes beyond consent forms or age limits. The digital literacy of both parents and children remains dangerously low, while “sharenting” - parents oversharing their kids’ data online - undermines any assumption of adult wisdom. With social media engineered for engagement and dependency, the risk to minors is not hypothetical but present, immediate, and largely unaddressed by current laws.

Conclusion: Italy’s legal framework intends to shield minors from the darker side of social media, but in practice, the gaps are glaring. Until digital literacy and genuine enforcement catch up with the speed of technology, Italian minors will remain at risk - signed up, scrolled in, and largely unprotected.

WIKICROOK

• GDPR: GDPR is a strict EU and UK law that protects personal data, requiring companies to handle information responsibly or face heavy fines.
• Capacity to Act: Capacity to act is the legal ability to enter contracts or agreements, essential for valid consent in cybersecurity and data protection contexts.
• Profiling: Profiling is the automated analysis of personal data to predict or influence individual behavior, often used in advertising, risk assessment, or fraud detection.
• Deepfake: A deepfake is AI-generated media that imitates real people’s appearance or voice, often used to deceive by creating convincing fake videos or audio.
• Sharenting: Sharenting is when parents share images or data of their children online, potentially exposing them to privacy and cybersecurity risks.