On September 29, the Spanish Congress will resume consideration of a bill on the protection of minors in the digital environment. The bill’s key provision is a restriction on access to social media for children under the age of 16. However, the bill’s wording links the ban primarily to platforms that distribute content harmful to children and adolescents: such services will be required to demonstrate compliance with regulatory requirements.

The bill has not yet taken effect. On Tuesday, it will be discussed by a working group of the Justice Committee. The bill will then be considered by the full committee, voted on in a plenary session of Congress, and sent to the Senate.

What requirements will be imposed on platforms?

According to the draft, minors under the age of 16 will only be able to use platforms approved by Spain’s National Commission on Markets and Competition (CNMC). In addition, explicit permission from parents or legal guardians will be required.

Digital platforms themselves will be responsible for demonstrating the safety of their services. They will be required to confirm that they:

  • do not use mechanisms or design features that encourage addictive behavior;
  • do not expose minors to harmful content or dangerous behavioral patterns;
  • protect users’ personal data and privacy;
  • provide effective tools to prevent unwanted contact.

Thus, the bill shifts the primary responsibility for the safety of the digital environment from families to technology companies. Sira Rego, Minister for Youth and Children, stated that it is the platforms that must ensure safe conditions, and that children’s access to the digital environment should be gradual and accompanied by the necessary safeguards.

Responsibility for Algorithms

The amendments, agreed upon by the Socialist Party and the “Sumar” party, provide for changes to the Criminal Code. The use of algorithms to amplify the spread of harmful content could become a separate criminal offense.

The list includes material that incites suicide or self-harm, images of sexual violence against children, sexual deepfakes, and content related to hate crimes. Criminal liability may also apply to company executives if they were aware of the harmful effects of the algorithms and failed to take action.

The draft also provides for liability for failing to comply with an order to remove illegal material, if such an order is issued by a court or an administrative body. These provisions are currently part of the draft text under consideration and may be amended as the bill progresses through the legislative process.

The Spanish Initiative in the European Context

The Spanish debate is taking place against the backdrop of new proposals and decisions in other European countries. On September 16, European Commission President Ursula von der Leyen announced a proposal to restrict access to social media for children under 13 throughout the European Union. For teenagers, phased access was proposed: until age 15—through special accounts set up and monitored by parents—and from ages 15 to 18—through an interface with additional safety measures.

In France, a ban on social media for individuals under 15 was reportedly finalized in the summer of 2026. Its phased implementation is expected to be completed by January 1, 2027. The Spanish bill is currently at an intermediate stage in parliament and does not impose any restrictions at this time.

At the same time, representatives of the Spanish government emphasize that this is not merely about a ban. Among the accompanying measures mentioned are educating families, providing guidance for children, and creating safer alternatives to digital platforms.