Q COSTARICA — In the final days of the current Legislative Assembly, legislators will be debating and voting on a bill that will not allow minors to create social media profiles in Costa Rica. Companies that allow it could face fines of up to ¢23 million colones (almost US$50,000).
This comes after the Comisión Especial de Juventud, Niñez y Adolescencia (Special Commission on Youth, Childhood, and Adolescence) unanimously approved a bill seeking to establish limits on social media use by minors.
María Marta Carballo, a legislator of the Partido Unidad Social Cristiana (PUSC) party, points out that early and unsupervised access to digital platforms is exposing minors to harmful content, violence, harassment, and exploitation, and therefore legislation on this matter is necessary.
To achieve this, the proposed bill requires parents, guardians, and legal representatives of minors to ensure compliance with this restriction, as well as the Ministry of Science, Innovation, Technology and Telecommunications (MICITT), the Superintendency of Telecommunications (SUTEL), and digital platform facilitators.
“The issue of mental health in minors is extremely important. There are various studies worldwide that demonstrate that minors are having access to social networks from an early age and that, among the many dangers to which they are exposed, are cyberbullying, social anxiety, contact with strangers, digital addiction, sleep disturbances, and social pressure, among others,” said legislator Melina Ajoy, representing Carballo.
For the proposal to become law, it must first be debated and voted on in two plenary sessions.
Prohibition for Minors Under 14
One of the most important aspects of the proposed bill is that minors under 14 years of age will not be allowed to create or use accounts on social media or conventional digital platforms.
Instead, they will only be able to access certified versions for minors, which must lack mechanisms designed to generate addiction and have mandatory parental controls. Furthermore, it establishes a ban on personalized advertising based on children’s data, a common practice in today’s digital ecosystem.
Minors will be required to provide their Minor Identification Card (TIM) to create a profile, and the registration of non-personal profiles will be prohibited. The TIM is the mandatory official document for Costa Ricans between 12 and 17 years old, similar to the ‘cedual’ issued to all Costa Rican adults by the Supreme Electoral Tribunal (TSE). The minor must attend in person, accompanied by a close relative, iee father, mother, or grandparent.
“For the purposes of this article, it will be mandatory to have the express and verifiable authorization of parents or legal guardians, in accordance with international standards that establish parental consent as an essential requirement to guarantee the comprehensive protection of children and adolescents in digital environments,” the bill states.
For teenagers between 14 and 18 years old, the bill allows access to digital platforms, but under strict conditions:
- Mandatory age verification
- Explicit consent from parents or legal guardians
- Prohibition of non-personal accounts, such as pages or communities
New obligations for platforms
The initiative also imposes direct responsibilities on technology companies. Among them are:
- Disabling by default mechanisms designed to generate addiction
- Limiting engagement-based algorithms
- Detecting and blocking risky content, such as grooming, violence, and sexual material aimed at minors
- Implementing parental control tools, time limits, and educational modes
- Guaranteeing the protection of the personal data of minors
Huge fines for non-compliance
The text also establishes a sanctions regime for platforms that violate the regulations.
Fines would range from 15 to 50 base salaries, that is, between ¢6.9 million and ¢23 million colones.
In case of repeated offenses, the sanctions could reach the maximum established, and even include service suspension, temporary blocks, and the publication of the violations.
The current Legislative Assembly will be replaced by a new legislative group sworn in on May 1 for four years.
Other countries
A Google search reveals that Australia leads by enforcing a strict ban on under-16s. Indonesia (under-16), France (under-15), Spain (under-16), and Brazil are implementing or proposing bans/parental consent laws.
Other Countries Proposing Bans: Slovenia (under-15), Norway (under-15), and Austria (under-14) are advancing legislation, along with the U.K. exploring similar measures. In the United States, while a national ban is unlikely, states like Utah have passed laws requiring parental consent for minors.