Parental control: what does the law say?

On Thursday, February 24, the Senate voted on a bill to strengthen parental control over the means of Internet access, which seals the final adoption of this text by Parliament before the end of parliamentary work in the legislature. The President of the Republic, Emmanuel Macron, had endorsed this majority bill, in a letter Broadcast online on November 18, 2021, National School Anti-Bullying Day.

What devices are affected by the bill?

Article 1 of the text refers to all “Terminal equipment intended for the use of public communication services over the Internet and which provides access to services and content likely to harm the physical, mental or moral development of minors”. This format covers computers, smartphones or tablets that can be connected to the Internet, as well as video and game consoles.

Devices for sale must be Equipped with an accessible and understandable device that allows its users to restrict or control such persons’ access to these services and content..

from “First turn on the device”you will have the possibility to activate parental control “no costs”. L ‘“use” and possible “uninstall” The device will also be free.

Manufacturers must verify, when putting equipment on the market, that the operating systems, offered in particular by Apple, Google or Microsoft, include the device. Any supplier of the operating system must, when required by the manufacturer, guarantee and agree that the system includes parental controls.

When does the text enter into force?

This date is still unknown. The government must notify the European Commission of the law that has been enacted, which will determine whether the text complies with EU law. In the absence of opposition from the commission, the government will issue a decree to implement the text. The decree will specify the date of its entry into force, not the capacity “Be more than three months from the date of the government’s receipt of the response.” for the institution.

He explains that the European Commission has already confiscated an earlier version of the bill family folder Bruno Stöder, Vice President of the Republic (LREM) and Rapporteur of the text. “In the heart” From the text, he did not express any opposition.

According to the final document, another decree, issued after consulting the National Commission on Accounts and Liberties (Cnil), will specify in particular:

  • minimum functionality and technical characteristics of parental controls, as well as the means implemented by the manufacturer to facilitate the use of this device;
  • The ways in which the manufacturer and, where applicable, the operating system vendor acknowledge that the operating systems installed on the peripheral device are integrating the device.

“Manufacturers and suppliers of operating systems themselves will have to adapt their products to the French market”says Bruno Studer.

ISPs already offer a parental control tool

The bill should enhance the effectiveness of parental controls. This is a text “Prohibition that raises parents’ awareness and gives them the ability to activate parental control.”He defends the chosen one.

As stated in the explanatory note to the bill registered on November 3, 2021 at the Presidency of the National Assembly, Internet Service Providers (ISPs) are obligated to:“Introducing the Parental Control Tool to Subscribers”.

This obligation stems from the June 21, 2004 Law on Trust in the Digital Economy. Persons whose activity is to provide access to communication services to the public via the Internet inform their subscribers of the existence of technical means that make it possible to restrict or limit access to certain services and to provide at least one of these meansIs it written at the beginning of Article 6 of this text.

But the difference Parental Controls Available “It is not accessible to everyone and sometimes requires computer manipulation”It is likely to be ” compound “ And “Depressed”, refers to the explanatory note. Sunrise “New devices that allow access to the Internet – smartphones, tablets, consoles and connected things – make the task for parents more difficult”according to the document.

The first smartphone is used at an average age of 9 years and 9 months

Putting children at risk “To inappropriate, offensive or illegal content. It is estimated that by the age of 12, a third of children have already been exposed to pornographic content. But, in addition to pornography, it is also about hateful and violent content, even for the actions of criminal, terrorist and child sexual exploitation networks. that our children may be exposed to.”

The first smartphone is being used with an average age of 9 years and 9 months, according to the explanatory note, based on a study conducted by the Médiamétrie Observatory for Parenting and Digital Education (Open) and the National Federation of Family Associations (Unaf).

Only 44% of parents surveyed “I carried out the configuration of the child’s smartphone, the console …”still refers to Médiamétrie.

This survey (download here) was conducted online between September 25 and October 8, 2019 among 2,087 people in households with children aged 0-14. The sample was drawn using the quota method.

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