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A German social media ban for children will face legal hurdles, mainly from European law, according to a report by parliament's scientific service seen by dpa on Sunday.
Parents' rights on how they bring up their children, which are constitutionally guaranteed in Germany, could also present an obstacle to a ban on social media platforms, says the report, which was commissioned by the far left Die Linke opposition party.
Two of Germany's 16 states recently introduced a measure in the state-based upper house calling for a ban for children under the age of 14 and restrictions up to the age of 16. And Youth Minister Karin Prien is awaiting recommendations from a commission she has appointed.
The new report notes that there are rules on social media at European Union level in the Digital Services Act and that proceedings are currently running regarding restrictions on TikTok. It adds that European law takes precedence.
The report also notes that "national rules regarding a block or restriction of social media platforms (for example Meta, Google, X, TikTok etc.) would largely have little effect, as they are based in Ireland."
The European Court of Justice would rule on any disputes, it said.
Die Linke spokesman David Schliesing says that the party is "extremely critical" of a ban.
He says that on the one hand, proposals for a ban do not go far enough, as they do not resolve existing problems and instead impact the rights of young people. And on the other hand, they are scarcely enforceable both technically and legally.
The party instead proposes that existing legal instruments are fully utilized and that education on the use of media is improved.
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