There has been significant commentary in recent months on the issue of child safety online, with regulators increasingly focused on the role of digital platforms and advertisers in protecting minors. The Australian Government has proposed restrictions on social media access for under-16s, while a number of EU Member States are considering similar measures. Against this backdrop, advertisers and online platforms must remain alert to both existing obligations and emerging regulatory developments.

Within the European Union, the protection of minors online is framed by the Digital Services Act (“DSA”) and, in Ireland, the Online Safety and Media Regulation Act 2022, with Coimisiún na Meán responsible for enforcement. In particular, Article 28 of the DSA imposes key obligations on online platforms where their services are accessible to minors, including the requirement to implement appropriate and proportionate measures to safeguard children’s privacy, safety and security, and a prohibition on presenting advertising based on profiling where the platform is aware that a user is a minor. While providers are not required to collect additional personal data solely to determine a user’s age, further guidance from the European Commission is expected to shape how these obligations are applied in practice.

Coimisiún na Meán adopted its Online Safety Code for Video-Sharing Platform Services on 21 October 2024. The Code applies to video-sharing platform services (VSPS) established in Ireland and complements obligations under both Acts. While the Code is primarily directed at VSPS, certain obligations under the broader EU framework also apply to Very Large Online Platforms (VLOPs), such as Meta and TikTok.

Part A of the Code sets out general obligations on VSPS, including requirements to:

• Take appropriate and proportionate measures to protect users from harmful content, with particular emphasis on the protection of children
• Implement measures in respect of audiovisual commercial communications not marketed, sold or organised by the platform
• Comply with obligations relating to audiovisual commercial communications marketed, sold or organised by the platform itself.

Part B of the Code focuses specifically on the protection of children. Measures include an obligation on VSPS to implement content rating mechanisms, enabling users to indicate where content may not be suitable for children. In addition, the personal data of children collected in the context of parental controls or age assurance measures must not be processed for commercial purposes, reinforcing child-specific data protection safeguards.

The Code also requires platforms to take appropriate measures to protect children from advertising and content that:

• May impair their physical, mental or moral development
• Exploit children’s inexperience or credulity
• Encourage children to directly persuade parents or others to purchase advertised goods or services
• Exploit the special trust children place in parents, teachers or other authority figures
• Unreasonably show children in dangerous situations
• Include audiovisual commercial communications for alcohol or other products that are specifically aimed at children.

In addition, the Code provides platforms must:

• Ensure that audiovisual commercial communications are clearly recognisable and distinguishable from editorial content
• Ensure that advertising they market, sell or organise complies with the requirements of the Code
• Require appropriate disclosures or declarations in respect of user-generated content containing paid promotions or commercial communications.

What Does This Mean for Advertisers?

In practical terms, advertisers will need to ensure that their campaigns align with the standards outlined above if they want to avoid having content restricted or removed by platforms. This will require a more cautious approach to both creative and targeting. Advertising should steer clear of pressure-based techniques, avoid themes or imagery that could be considered inappropriate for children, and generally be framed in a way that does not risk undermining the wellbeing of younger audiences. Clear, straightforward and non‑manipulative messaging will be key.

From an operational perspective, it would be sensible for advertisers to retain documentation relating to campaign development, including targeting criteria and the rationale for creative choices. This can be important where a platform takes enforcement action and the advertiser wishes to challenge or appeal that decision.

Although the most significant financial penalties under the Code sit with regulated platforms, the practical effect is that platforms are likely to take a conservative approach to enforcement. That, in turn, places a greater onus on advertisers to ensure that their content meets the required standards from the outset.

Advertisers should therefore take steps to:

• Build child safety considerations into campaign review processes before ads go live
• Exercise caution around behavioural or interest-based targeting that may inadvertently capture minors
• Align campaigns with platform age‑segmentation tools and safeguards
• Provide accurate classification and metadata to assist platforms in assessing content.

A failure to do so is unlikely to result in direct regulatory sanction for advertisers in most cases, but it can still have material consequences, including content takedowns, reduced reach, account restrictions, or reputational damage.

If you wish to get further advice on online safety legislation, please feel free to reach out to Cian Clinch or your usual Hayes contact.