Minimum age for WhatsApp & Co.: From what age are children legally allowed to use social networks?

Note: This is information from our cooperation partner Saferinternet.at. The use of WhatsApp , Facebook , musical.ly and many other social networks from the USA are already part of everyday life for most children. But when are you actually allowed to use them? We provide legal background information on the use of the most popular social networks. Many parents fear that their children and themselves will commit a legal violation. commit a criminal offense if they register on common social networks before their 13th birthday . The vast majority of US social media providers specify a minimum age of 13 years.

The following is about the admissibility and possible legal consequences of registering for such a network and not about the potential legal violations (cyber-bullying, sexting, etc.) that could be committed when using Facebook & Co.

Most online services that originate from the USA are only permitted from the age of 13 , as the providers are subject to the Children's Online Privacy Protection Act . This stipulates that data from people under the age of 13 may not be collected . An exception is if the parents have express consent. Whether providers provide for the possibility of parental consent in their terms and conditions varies. WhatsApp, for example, has this exception, but the app provider does not provide any specific information about the possible form of such consent.

No legal consequences:

the significance little here in Austria . Registering for a free service using false information about your age is a misdemeanor that no legal consequences . There are several reasons for this:

  • no intent to cause harm with free providers , it can be assumed that providing a false date of birth is not relevant under criminal law (e.g. in the sense of “fraud”).
  • It can also be assumed that the use of a free social network generally not cause any quantifiable damage to the service provider (Facebook, Twitter, Musical.ly, etc.). This means that no claims for damages can be made.
  • If the child does not have the minimum age specified by the provider, there is no valid contract . Therefore, contractually agreed consequences, such as a “penalty” for providing incorrect information when registering, have no meaning. The reason why there is no valid contract can also be explained by the lack of legal capacity under Austrian law.
  • In addition, children under the age of 14 are not capable of committing a crime in Austria anyway . In principle, you cannot be held responsible for an offense.
  • Even if parents are aware that their children have registered with a free provider under a false date of birth, this is not a criminal offense for the parents . So they are not responsible for their children.
  • To date, there are no known cases of this type in which parents or their children were punished by US providers.

Apart from legal aspects, it should be borne in mind that the platform providers have a great interest in having as many active users as possible on their channels . This is one of the reasons why registering children under the age of 13 has no practical impact.

Education and support from parents

If your child is under 13 years old and has their own Facebook/musical.ly/Instagram or Snapchat account, you should pay particular attention to the issue of safety on the Internet together with your child: explain this to your child possible risks of social networks . For example, cyberbullying, privacy, and sexting are important topics to talk to your child about. Also make sure that your child is only connected to people they know personally ; it is best to delete everyone else from the contact list. Unfortunately, you never know who is really behind a profile. Our privacy guides for all social networks will help you with the most important settings .

Source: Saferinternet.at


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