The Special Rapporteur on Child Protection, Aisling Parkes, has warned that introducing an age limit at which children can set up their own social media accounts carries the risk of blocking young people from having an input and restricts freedom of expression.

According to international obligations, under the Committee on the Rights of the Child, the recommendation was that “we take an individualistic approach to children, that we shouldn’t be introducing age limits for listening to children or for involving them in decision-making concerning their lives, that we should be looking at each individual child according to their own age, circumstances and evolving capacities,” she said, calling it a very complex issue.

“But when you introduce an age limit, you’re automatically, I suppose, cutting off the people or the younger children, if you like, from having any input.”

The European Commission this week is set to unveil its landmark EU Kids Act under which children across Europe will not be allowed to set up their own social media accounts until they are 15 under a new tiered age-limit system designed to limit access for minors.

The Act is designed to set uniform age limits for children and impose safe design requirements on companies such as Meta and TikTok. The key policy will also impose similar rules on artificial intelligence (AI) chatbots or so-called “companions” that already have access to children and teenagers.

Parkes told RTÉ radio’s Today with David McCullagh Show that it was important to listen to children “in this space”.

“The children of today and the young people of today are the actual real experts in terms of what they want to access, how they want to access it. And I think an approach that is multipronged is important.

“It’s not just enough to say, right, we’re going to ban this or we’re going to exclude this group of children. I think we need to educate children. I think we need to place significant responsibilities on those online platforms. I don’t think it’s fair to restrict children.”

In August the French Constitutional Council ruled that introducing a ban on social media for those under the age of 15 was impacting the right to freedom of expression, in a way that was not appropriate, necessary or proportionate.

“So I do think we have to be balanced here. And I think we need to put the responsibility on the big companies that have the resources to ensure that they do things in a way that is ethical and appropriate for children and young people.”