Beeban Kidron’s ‘children’s code’ sparked a remarkable series of changes throughout YouTube, Instagram, and TikTok. And she isn’t done yet.
Regulators have been embarrassed by internet companies for many years. Government-appointed authorities tasked with keeping digital markets fair have mostly allowed tech giants to acquire anything they want — data, competitors, and promising startups — in order to expand into digital monoliths. This laissez-faire approach is changing. In 2022, the British government will be one of the first in the world to impose serious penalties on companies that fail to reduce the spread of harmful information. Lina Khan, the new head of the Federal Trade Commission, has warned that mergers could be revoked. The purchase of Giphy by Meta Platforms Inc. (previously known as Facebook) in November marked a first for Big Tech in the United Kingdom.
There’s a spark that’s reviving all of this action. It happened in September 2021, when the Age Appropriate Design Code, a statutory code of practice, went into effect in the United Kingdom. It imposed 15 guidelines for all internet providers to follow in order to make their services safer for children. It has swiftly become one of the most impactful pieces of legislation ever to target technology firms, spearheaded by Beeban Kidron, a former filmmaker and member of the House of Lords in the United Kingdom.
The code, which defines minors as those under the age of 18, includes directives for internet companies to:
- Turn off child location monitoring by default.
- Don’t use a child’s personal information to harm their wellbeing. To put it another way, stay away from auto-play features that keep track of what they’ve been watching in order to serve up the next video.
- Present children simple, bite-sized explanations of a company’s terms of service.
- Stop using nudge strategies like making a “yes” choice more prominent than a “no” one to encourage poor privacy decisions.
These aren’t requests; they’re legal obligations that come with harsh fines.
- Large Internet companies made a flurry of modifications that mirrored the new requirements in July and August 2021, just ahead of the law’s deadline:
- YouTube, owned by Alphabet Inc., announced that it would disable autoplay for users aged 13 to 17 and make all videos uploaded by children private by default.
- Alphabet’s Google turned off location monitoring for under-18s and banned targeted advertising for them.
- Facebook announced that hyper-targeted adverts targeting under-18s would be banned on Facebook, Instagram, and Messenger, preventing advertisers from building profiles based on their interests and activities on other applications and websites. They just look at age, gender, and location now.
Adults were no longer able to message children who did not follow them on Instagram. After 9 p.m., TikTok stopped sending notifications to 13-15 year-olds.
Kidron is delighted, but not completely content. She responds, “They have a lot more to do.” For example, teen girls looking for healthy eating content on platforms like Instagram were shown alarming stuff by recommendation algorithms.
Still, what’s remarkable about Kidron’s code is that, like the European Union’s General Data Protection Regulation, technology businesses have adopted it globally rather than just in the United Kingdom.
Kidron was once one of the most successful female film directors in the world.
Brought up in North London, she pivoted from an early love of photography to making movies when she was in her 20s, going on to direct the 1995 American road comedyTo Wong Foo, Thanks for Everything and Bridget Jones: The Edge of Reason in 2004. In 2012 she was given the title of baroness after being appointed to the House of Lords.
Then, in 2013, she directed InRealLife, a documentary that followed British teenagers as they lived their lives both in the real world and online. Some critics called the video alarmist, but it was also incredibly prescient, as it criticized tech companies for financially exploiting children’s data. Today, there are far more children online than there were eight years ago, and they face a flood of new challenges, ranging from revenge porn to bullying, FOMO to mental health and social comparison.
Kidron was encouraged by the documentary to believe that children required additional protections online. She turned down all future film possibilities to focus on campaigning and formed 5Rights, a nonprofit organization named after a set of fundamental rights that children should have in the digital world.
Kidron realized that with her new title and seat in the House of Lords, she could add additional regulations about children to the UK’s yet-to-be-passed Data Protection Act, which became known as the Children’s Code. It was a politically shrewd move, but it took a long time to get there. Kidron found herself in front of 12 other ministers and government officials at one point, who gave her “many, many reasons” why her privacy law amendment wouldn’t work. One informed her that she would never obtain the approval of the country’s lower house of parliament.
Tech companies also complained that the restrictions were too broad and that parents should be the ones to decide on their children’s online activity. The firms argued that stricter new standards would drive children to untrustworthy services, and that establishing someone’s age would compromise their privacy.
According to a senior researcher who worked with Kidron, she was armed with minute information and was effective at gaining support in Parliament. Over time, she was able to persuade the government to implement her code into law. It became effective in September.
Her greatest accomplishment, she claims, was legally defining children as those under the age of 18 over tech companies’ opposition. Users must be at least 13 years old to use most Internet networks, including Facebook, TikTok, Instagram, and YouTube.
But ask any parent, ‘Is a 13-year-old an adult?’ she says. Fourteen-to-17 year olds arguably need more protections than young kids, who are better supervised.
Her latest effort revolves around defining age: she is encouraging the government to implement a new law that requires Internet businesses to monitor and protect children when they use their services.
To misquote the old adage, nobody knows you’re a kid on the Internet. To use a service, many people just lie about their age. However, Internet businesses, according to Kidron’s charity, should try to prevent this because many of the ways they use to profile people for targeted adverts already help them estimate age. If all data is instantly discarded, they’d be considerably more successful when combined with biometric tools like facial analysis.
I am very determined that age assurance must be privacy preserving, Kidron says.
It’s a delicate balancing effort that will face much more opposition. Since the release of her documentary, however, Kidron has benefited from the growing public skepticism of Big Tech.
The world is a very different place now, she says. People not only see what I saw, but they see my insistence that getting it right for kids also teaches us what good looks like.