EU defends 12-month delay to national social media bans amid Austrian backlash

The European Commission on Friday (30 October) defended its decision to delay national legislation restricting children's access to social media for 12 months, insisting that a harmonised EU-wide approach is essential to protect minors and prevent fragmentation of the EU’s digital single market.

The decision sparked criticism from Austria, which was instructed to postpone its proposed ban on social media access for children under 14. Vienna had urged Brussels to deliver a European solution by March 2027, warning that it could revive national measures if negotiations fail.

Commission spokesperson Thomas Regnier told reporters:“We now need to focus on the negotiations of the Kids Act; this is the top priority, not to fragment the market and to protect all kids."

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The Commission's proposal, presented in September, would introduce common age-based restrictions on social media access, alongside safety-by-design obligations for online services.

Brussels argues that differing national restrictions would create regulatory inconsistencies, making compliance difficult for platforms operating across the 27-member bloc.

Regnier confirmed that the Commission had decided to postpone draft national laws overlapping with the proposed European framework for 12 months, allowing EU lawmakers time to negotiate common rules.

Austria notified Brussels of its proposed legislation in July. However, the relevant standstill period expired after the Commission presented its EU Kids Act proposal, prompting the EU executive to request a postponement.

Regnier confirmed that a formal assessment had been sent to Austrian authorities and that Commission Executive Vice-President Henna Virkkunen had discussed the decision with Austria.

The postponement has raised concerns about potential gaps in child protection while European negotiations continue. The Commission rejected suggestions that children would remain unprotected; Regnier said that online platforms would remain accountable for risks to minors throughout the negotiations, pointing to continued enforcement of the Digital Services Act.

Despite Austria's push for an agreement by March 2027, Brussels has offered no firm timetable for adopting or implementing the legislation. The spokesperson declined to speculate on what would happen if negotiations missed Vienna's deadline, instead urging member states and EU lawmakers to accelerate discussions.