Protection of Children in the Digital Sphere: Recent Legal Developments

According to the results of the “Survey on Information and Communication Technology Usage by Children” for 2024 published by the Turkish Statistical Institute (TÜİK), the rate of internet usage among children, which stood at 82.7% in 2021, increased to 91.3% in 2024. It has further been determined that 97.9% of children who use social media platforms engage with such platforms on a regular basis. The survey also indicates that the overall rate of social media usage among children is 66.1%, while the rate of smartphone usage has reached 76.1%[1].

The extent of children’s intensive engagement in online environments necessitates that the matter be addressed not merely as a pedagogical concern, but equally as a distinct domain of legal protection. Ensuring access to reliable and age-appropriate content, safeguarding the lawful processing of personal data, and protecting children against potential risks inherent in digital platforms are all issues that bear a direct and substantive nexus to their fundamental rights and legitimate interests.

Within this framework, the Presidential Circular on the “Action Plan for the Empowerment of Children in the Digital World”, which aims to strengthen children’s digital competencies throughout the process of digital transformation and to ensure their protection by safeguarding their security in online environments, was published in the Official Gazette dated 3 February 2026[2].

The Circular further stipulates that, with a view to addressing the impact of digital transformation on children through a holistic approach and to reinforcing protective and supportive policies and practices, the “Action Plan for the Empowerment of Children in the Digital World (2026–2030)”[3] has been prepared under the coordination of the Ministry of Family and Social Services and will be published on the Ministry’s official website.

In the Action Plan promulgated by the Ministry, reference is made to the 2024 data published by the TÜİK, underscoring that children’s interaction with the digital environment has been steadily increasing year by year and that such expansion entails a range of developmental risks. Within this framework, the Plan emphasizes not only the imperative of shielding children from the risks inherent in the digital sphere, but also the importance of enabling them to benefit from the opportunities it offers in a secure and informed manner.

Through the Action Plan, it is intended to prevent, identify, and effectively manage the risks to which children may be exposed in digital environments, while concurrently promoting their ability to benefit from the opportunities afforded by digitalization in a conscious, secure, and productive manner. To this end, the Plan sets forth concrete strategies and actionable measures designed to render the digital sphere more child-friendly and aligned with the best interests of the child.

Some of the principal regulatory priorities set out under the Plan may be summarized as follows:

• The identification of legislative gaps concerning the protection of children’s personal data and the undertaking of the requisite legislative amendments to address such deficiencies;
• The implementation, within the scope of Law No. 5651 and with due regard to relevant international regulatory frameworks, of legislative updates applicable to social network providers as well as digital game providers and distributors;
• The preparation and implementation of educational content tailored to children’s age and developmental levels in relation to the safe and informed use of information technologies and the internet, artificial intelligence awareness, digital literacy, digital rights and ethics, cybersecurity, cyberbullying, the protection of personal data, technology addiction, and reporting mechanisms designed to address digital risks.

Another significant development concerning the protection of children’s personal data in digital environments is the ex officio investigation initiated by the Personal Data Protection Authority (the “Authority”) into the platforms TikTok, Instagram, Facebook, YouTube, X, and Discord[4].

In its public announcement, the Authority stated that, having due regard to the best interests of the child, an investigation had been launched into the aforementioned platforms in order to ascertain how children’s personal data are processed on social media and which safeguards have been implemented to protect children against potential risks encountered in digital environments.

As a further development, the Authority’s bulletin entitled “10. Digital Literacy and the Protection of Personal Data” sets out recommendations on the protection of children’s personal data in digital games, addressing the principal considerations to be observed in order to safeguard children’s personal data within digital gaming ecosystems[5].

Global Developments:

• Australia: The “Online Safety Amendment (Social Media Minimum Age) Act 2024” introduced a minimum age requirement for social media usage and imposed on providers the obligation to prevent minors from creating accounts[6]. Following its entry into force, 4.7 million social media accounts belonging to children under the age of 16 were reportedly removed[7].
• France: Legislation prohibiting children under the age of 15 from using social media has been announced to be fast-tracked[8].
• Germany: Public statements have been made regarding mandatory restrictions on social media use[9].
• Portugal: A bill requiring explicit parental consent for social media access for children aged between 13 and 16 has been adopted[10].
• United States: Amendments to the “Children’s Online Privacy Protection Rule” and steps taken under the “TAKE IT DOWN Act” have been brought to the agenda[11].
• United Kingdom: A public consultation process concerning children’s use of social media has been initiated[12].

Taken together, these developments underscore the pressing need for comprehensive and coordinated regulatory frameworks to ensure that children are able to exist and participate in the digital sphere within a safer environment. Directing children towards reliable content in digital settings constitutes not merely a mechanism for shielding them from harmful material, but forms part of a broader and more systematic approach to protection aimed at preventing the exploitation of their personal data.

1. https://veriportali.tuik.gov.tr/tr/press/53638
2. https://www.resmigazete.gov.tr/eskiler/2026/02/20260203-3.pdf
3. https://www.aile.gov.tr/chgm/yayinlar/eylem-planlari/
4. Public Announcement of the Authority
5. 10th Digital Literacy and Protection of Personal Data Bulletin
6. Australia Social Media Minimum Age Act
7. Australian e-Safety Commissioner Statement
8. France Social Media Ban Statement
9. Germany Social Media Restrictions
10. Portugal Social Media Access Regulation
11. U.S. FTC Children’s Online Privacy Statement
12. UK Social Media Consultation Process