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Part of Teen social media use: what to do when your teen tells you

Teen social media use laws: finding the rule that applies

Teen social media use laws vary by country and state. Here is how to find the rule that applies to you, who can act on a problem, and what evidence to keep.

Parents reach for the word illegal early, usually at the point where something has happened and nobody will do anything about it. It is an understandable instinct and it is rarely the question that gets you help.

Teen social media use laws are only one of five different sets of rules that apply to a teenager online, they are made by five different bodies, and only some of them can act on a Tuesday afternoon. Working out which one you are dealing with is more useful than establishing whether a law has been broken, and it is a question you can answer without a lawyer.

What to take away

  • Several rule makers apply at oncethe platform, the app store, the school, your household, and the law. They act at very different speeds.
  • The useful first question is not is this illegal but who can do something about this, and how do I reach them.
  • Rules differ by country and change, so check the current wording with the body that publishes it.
  • Where a child may be in immediate danger, contact emergency services first. Do not wait to work out what category anything falls into.

Five sets of rules, and what each can actually do

Five sets of rules

What it governs

The platform's own terms
Behavior on that service, and who may hold an account
The app store's age category
Whether an app is offered to an account of a given age
The school's policy
Conduct between its students, including some conduct outside school
Your household agreement
What happens in your house
Criminal and civil law
Conduct by anyone, including adults

What it can do about a problem

The platform's own terms
Remove content, suspend an account, restrict contact
The app store's age category
Almost nothing about a specific incident
The school's policy
Investigate, involve both families, apply its own sanctions, keep records
Your household agreement
Everything within your own walls, and nothing outside them
Criminal and civil law
Investigate, compel disclosure from a platform, prosecute

How fast

The platform's own terms
Sometimes hours, sometimes never, with little explanation
The app store's age category
Not applicable
The school's policy
Days, and it has a duty of care that a platform does not
Your household agreement
Immediately
Criminal and civil law
Slow, and reserved for a narrow set of serious matters

Read the third column. Most parents arrive wanting the fifth row and are best served, initially, by the third, because the school is the body with both a process and a reason to use it.

Five rules, five powers

Platform terms

Governs
Behavior on service
Can do
Remove, suspend, restrict
Speed
Hours or never
Duty of care
No

School policy

Governs
Student conduct
Can do
Investigate, involve families
Speed
Days
Duty of care
Yes

Household agreement

Governs
What happens at home
Can do
Everything within your walls
Speed
Immediately
Duty of care
Parental

Why the illegal question misleads

Three reasons, all of which cost families time.

It sets the bar in the wrong place. A great deal of what damages a young person is not criminal and is still something a school will act on. Deciding it is not illegal and therefore not actionable is the most common wrong turn in this whole area.

It varies more than people expect. Rules for online conduct, for children's data and for what platforms must do are set nationally or regionally, and they do not agree with each other. Something described confidently in an article written elsewhere may be accurate and irrelevant where you live.

It invites amateur investigation. A parent trying to establish whether a threshold has been crossed usually starts gathering more than evidence: contacting people, following accounts, engaging with whoever is doing it. That contaminates the situation and occasionally puts a child at more risk.

Ask instead who can act, what they need from you, and in what order. Reporting resources sets that out as a sequence.

What reporting means in each channel

To the platform. Do it inside the app, with your child, so they know the route. Report the specific content and the account. Expect an automated response and no explanation. Preserve everything first, because reporting sometimes removes the content you would later need.

Which channel to use

Threats, adult contact, images, extortion?

Yes

Police

No

Platform or school

To the school. In writing, to a named person, with dates and what you want to happen. Ask what their process is and what they will tell you. Say to your child what you are going to say before you say it. School guidance covers what schools can and cannot reach.

To the police. For threats, for an adult approaching a child, for images of a young person, and for anyone demanding money or images under pressure. You do not have to have established what it is. Report it and let the people whose job it is decide.

Inside your own household. This is the only channel that works instantly and the only one you control, which is why what you have agreed in advance matters more than what any external rule says. Family agreements covers writing it down.

For sustained targeting between young people, the United States government's youth program portal keeps an overview of school-based approaches to bullying, which describes the kinds of route that exist and is written plainly enough to read alongside a teenager.

What evidence to keep

Whatever channel you end up in, all of them want the same thing, and it is the thing most often destroyed in the first ten minutes.

Screenshots including usernames, dates, and the surrounding conversation rather than the single worst message. The account name and any link to the profile. A note of when you first saw it and how it came to you. Keep it somewhere outside the app, since a suspended account can take its content with it.

Do this before blocking, reporting or deleting anything. Deleting first is the most common regret, and no channel can act on a description.

Where to check the rule that applies to you

Two examples show how little a named law usually settles on its own. In the United States, the federal Children's Online Privacy Protection Act requires a service to get a parent's consent before it collects personal data from a child under 13. The Federal Trade Commission enforces it.

Most large platforms set 13 as the minimum age for an account in the United States, which makes that figure a floor rather than a limit on what you can agree at home.

Some states have gone further and required parental consent or age checks before a minor can hold an account. Utah's Social Media Regulation Act, Arkansas's Social Media Safety Act, and Texas's SCOPE Act are three of them. Federal courts have blocked several of those laws while they are challenged, in litigation brought by NetChoice, and Utah has since rewritten parts of its own. A law on the books is not the same as a rule in force.

To find what applies where you live, go to the source that publishes it:

Where to check the rule

  • In the United States, your state attorney general's office handles consumer protection questions, and your state legislature's website lists bills that are pending and passed.
  • In Canada, the Office of the Privacy Commissioner of Canada publishes federal guidance on children's data, and some provinces have their own privacy regulator.
  • Elsewhere, your national data protection or privacy regulator publishes the children's data rules that apply.
  • The service's own terms and safety center are the source for its platform rules.
  • For criminal matters, the police service where you live is the entry point.

For school policy, ask your school. For anything with a consequence attached, consult a qualified adviser in your own jurisdiction.

When you skip the question altogether

Some situations are not a research problem and are not a matter of deciding which channel fits.

When you skip the question

  • An adult is in contact with your child, particularly one steering the conversation somewhere private.
  • A sexual image of a young person is involved, whoever made it and whoever sent it.
  • Someone is using threats or pressure to extract money, images or anything else. Stop replying, send nothing further, pay nothing, keep everything.
  • Someone has threatened to hurt your child, or appears to know where to find them.

Report these immediately and do not investigate further yourself. In the United States, they reach dedicated investigative units, described by the Office of Juvenile Justice and Delinquency Prevention in its task force program for internet crimes against children. Elsewhere, the equivalent is the police service where you live.

Teen social media use covers keeping the channel open so you hear about them at all. Cyberbullying covers the slower case where other young people are involved.

Common questions

Do I have to know whether something is a crime before reporting it?

No, and waiting until you are sure is the most common reason a report gets delayed. Describing what happened is enough, and the sorting belongs to the people you report it to.

The school says it is not their business because it happened at home.

Ask which policy they are applying and ask for it in writing. Then ask the narrower question of whether anything can change inside the building, since the pupils involved are in the same rooms either way.

Can I keep screenshots as evidence?

For ordinary messages and posts, yes, and a dated record is exactly what helps later. Images of a minor are the exception: describe what exists, circulate nothing, and ask the police service where you live rather than deciding it yourself.

Why does this page not say what the law is?

Because it differs by country, often by state or region, and it has been moving for several years. A confident sentence here would be either out of date or about somewhere else, and both are worse than none.

This page is general information for parents, not legal advice. For anything with a consequence attached, check with the body that publishes the rule, or take advice where you live.

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