Portugal's Legislative Move to Restrict Minors' Access to Social Media

On February 12, 2025, Portugal's parliament approved a draft law requiring explicit parental consent for children aged 13 to 16 to access social media platforms. This legislation, proposed by the ruling Social Democratic Party (PSD), aims to enhance protections for minors against cyberbullying, harmful content, and predatory individuals. The bill passed with a vote of 148 in favor, 69 against, and 13 abstentions, marking a significant step in regulating minors' online activities in Europe.

Portugal tigtens online safeguards for underage childrenParliament poised to raise social media age limit to 16 – Portugal ResidentThe Straits Times

The proposed law raises the minimum age for independent social media use from 13 to 16, stipulating that minors in this age group can only access platforms with verified parental consent. Children under 13 will continue to be prohibited from creating accounts on social media, video-sharing, and online betting sites. The legislation mandates that technology providers implement age verification systems compatible with Portugal's Digital Mobile Key (DMK), which parents will use to grant consent.

Portugal tigtens online safeguards for underage childrenThe Straits TimesParliament poised to raise social media age limit to 16 – Portugal Resident

The PSD argues that the bill addresses a regulatory gap that has allowed multinational digital platforms to operate with minimal oversight, potentially impacting children's cognitive and emotional development due to early or excessive exposure to social media.

The Straits Times

Supervision of the new regulations will fall to the National Communications Authority (ANACOM) and the National Data Protection Commission (CNPD), along with the Agency for Technological Reform of the State (ARTE). These bodies will have the authority to issue guidelines and impose fines of up to €2 million or 2% of a company's global annual turnover for non-compliance. The legislation specifically targets platforms such as Instagram, Facebook, and TikTok, while messaging services like WhatsApp will not be affected.

Parliament poised to raise social media age limit to 16 – Portugal ResidentThe Straits TimesPortugal tigtens online safeguards for underage children

While the PSD emphasizes that the legislation is not intended to be paternalistic, critics argue that it may impose unnecessary restrictions on minors' digital freedoms. Some opponents suggest that the focus should be on educating children about safe online practices rather than limiting their access to social media.

The Straits Times

Portugal's legislative action aligns with similar initiatives in other countries. France's lower house recently backed a proposal to restrict social media access for children under 15, and Australia implemented a ban on under-16s using major social platforms in December 2024. These moves reflect a growing global concern regarding the impact of social media on youth mental health and safety.

The Straits Times

The bill is still subject to amendments before a final vote in parliament. PSD lawmaker Paulo Marcelo has indicated that consultations with parents, educators, and psychologists will continue to refine the legislation. The aim is to have the law finalized and enforceable within a few months, ensuring that tech companies comply with the new requirements.

Portugal tigtens online safeguards for underage children

• “We have to protect our children. We do not intend to prohibit for the sake of prohibiting. We want to create a norm that gives more power to parents and families to accompany and control,” — Paulo Marcelo, PSD Lawmaker

Portugal tigtens online safeguards for underage children

• “There are already very solid international studies that show that social networks and video, gaming and online gambling platforms have a negative effect on children when used prematurely and excessively.” — Paulo Marcelo, PSD Lawmaker

Parliament poised to raise social media age limit to 16 – Portugal Resident