Starmer set to ban under-16s from major social media platforms

A recent report from MyJoyOnline Ghana, referencing a proposed ban on social media for under-16s by "Prime Minister Sir Keir Starmer," highlights a critical jurisdictional and factual inaccuracy. While Sir Keir Starmer, the UK Prime Minister, has indeed announced such a policy for the United Kingdom, Ghana does not have a Prime Minister. This article clarifies the factual error and then pivots to examine the legal landscape in Ghana concerning child online protection. It delves into existing Ghanaian statutes like the Cybersecurity Act, 2020 (Act 1038) and the Data Protection Act, 2012 (Act 843), alongside constitutional provisions, to explore the implications if Ghana were to consider similar age-based restrictions on social media. The analysis considers the balance between child safety, freedom of expression, and data privacy, offering insights for legal practitioners on the complexities of regulating the digital space for minors in Ghana.

A recent news excerpt from MyJoyOnline Ghana has drawn attention to a significant global discussion regarding child online safety, reporting that "Prime Minister Sir Keir Starmer is expected to ban under-16s from major social media platforms, including TikTok, Snapchat and Instagram." While the issue of protecting minors online is paramount and globally relevant, the attribution of this policy to a "Prime Minister Sir Keir Starmer" within the context of Ghana presents a fundamental factual inaccuracy. Sir Keir Starmer is the current Prime Minister of the United Kingdom, not Ghana, and Ghana operates under a presidential system, not a parliamentary one with a Prime Minister.

This article aims to correct this jurisdictional misattribution while leveraging the prompt's core subject matter to explore the pertinent legal considerations for child online protection within Ghana. Although a blanket ban on social media for under-16s is not currently a proposed policy in Ghana by its government, the underlying concerns about children's exposure to harmful online content, cyberbullying, and addiction are very much alive within the Ghanaian discourse. Therefore, this analysis will delve into Ghana's existing legal and regulatory framework to assess how such a policy, if ever contemplated, would interact with established laws and constitutional rights, providing valuable insights for legal professionals navigating the evolving digital landscape in Ghana.

Ghana has made strides in establishing a legal framework to safeguard its citizens, particularly children, in the digital realm. A cornerstone of this framework is the Cybersecurity Act, 2020 (Act 1038), which criminalises various forms of online abuse against children, including grooming, the production and distribution of indecent images of children, and online sexual exploitation. This Act also established the Cyber Security Authority (CSA), which is specifically mandated to promote child online protection, conduct public awareness campaigns, and encourage platforms and telecommunication companies to enhance their safety measures. Furthermore, Ghana was the first country to ratify the Convention on the Rights of the Child in 1990, underscoring its commitment to protecting children from all forms of exploitation and abuse, including in digital environments.

Beyond the Cybersecurity Act, the broader legal landscape includes the Children's Act, 1998 (Act 560), which provides for the rights and welfare of children, and the Data Protection Act, 2012 (Act 843), which governs the processing of personal data and includes specific protections for minors. The National Child Online Protection (COP) Framework was launched in October 2024, aimed at augmenting national efforts to safeguard children online, developed in alignment with initiatives of the International Telecommunication Union (ITU) and UNICEF. These instruments collectively form the bedrock upon which any new policy concerning children's online access would be built, requiring careful consideration of their provisions and the rights enshrined in the 1992 Constitution of Ghana, particularly regarding freedom of expression and the best interests of the child.

A hypothetical ban on social media for under-16s in Ghana, while not currently proposed by the government, would necessitate a rigorous legal analysis under the existing Ghanaian framework. The primary constitutional considerations would revolve around Article 21(1)(a) of the 1992 Constitution, which guarantees freedom of speech and expression, including freedom of the press and other media. While this right is not absolute and can be limited by laws necessary for public safety, public order, or the protection of the rights and freedoms of others, any restriction on access to information and communication platforms for minors would need to be demonstrably proportionate and narrowly tailored to achieve a legitimate aim, such as child protection. The "best interests of the child" principle, enshrined in the Children's Act, 1998 (Act 560) and international conventions ratified by Ghana, would be a guiding factor, but its application must be balanced against children's evolving capacities and their right to access information and participate in social life.

The Cybersecurity Act, 2020 (Act 1038) already provides a robust framework for addressing specific online harms, criminalising acts like child pornography, grooming, and cyberstalking. The question then becomes whether a blanket ban on access to platforms, rather than targeted regulation of harmful content and conduct, is a necessary or effective extension of these protections. Critics of such bans, even in the UK context, argue that they might drive children to less regulated, more clandestine online spaces, making them harder to monitor and protect. In Ghana, there have been calls from Members of Parliament, such as Alexander Afenyo-Markin, for new laws to prohibit children under 16 from "irresponsibly consuming and or using Social Media" and to impose fines on negligent parents, indicating a legislative appetite for stricter controls.

Furthermore, the Data Protection Act, 2012 (Act 843) would play a crucial role, particularly concerning age verification mechanisms. Implementing a ban would require robust and privacy-compliant age verification systems, which present significant technical and logistical challenges. Ghana's Minister for Communications, Digital Technology and Innovation, Samuel Nartey George, has proposed mandatory ID verification for adult content websites, drawing parallels with the UK's (ultimately unsuccessful) attempts in this area. The practicalities of enforcing such a ban, including the potential for children to circumvent restrictions using VPNs or other methods, would need careful consideration, as highlighted by experiences in other jurisdictions like Australia.

Comparative law offers insights, with countries like Australia having implemented outright bans on social media for under-16s, and the UK now following suit. However, the effectiveness and unintended consequences of such measures are still being debated. In Ghana, the focus has largely been on education, awareness, and targeted criminalisation of harmful acts through initiatives like the National Child Online Protection Framework and the work of the Cyber Security Authority. Any move towards a blanket ban would represent a significant shift in policy, requiring extensive public consultation and a thorough assessment of its impact on children's rights to information, association, and participation, as well as the practical challenges of enforcement and the potential for creating a digital divide.

The ongoing discussions in Ghana, such as the proposed use of the Ghana Card for age verification for adult content, demonstrate a proactive approach to online safety. However, extending this to a full social media ban for minors would involve a much broader set of legal and societal implications, touching upon fundamental rights and the practical realities of digital access in a rapidly developing nation. Legal professionals would need to scrutinise the necessity, proportionality, and enforceability of any such proposed legislation, ensuring it aligns with Ghana's constitutional principles and international obligations.

While the initial report from MyJoyOnline Ghana contained a factual error regarding the jurisdiction and the role of Sir Keir Starmer, it inadvertently highlighted a critical and evolving area of law: child online protection. For legal practitioners in Ghana, understanding the existing framework and the potential implications of policies discussed internationally is crucial. Ghana's commitment to child safety online is evident through the Cybersecurity Act, 2020 (Act 1038), the Data Protection Act, 2012 (Act 843), and the National Child Online Protection Framework.

Should Ghana consider implementing age-based restrictions on social media platforms, attorneys must be prepared to advise on the complex interplay between constitutional rights, particularly freedom of expression and the best interests of the child, and the practicalities of enforcement. The debate would undoubtedly involve questions of proportionality, the efficacy of age verification technologies, and the potential for unintended consequences. Practitioners should closely monitor legislative developments, particularly those emanating from the Cyber Security Authority and the Ministry of Communications, as Ghana continues to navigate the challenges and opportunities presented by the digital age while striving to create a safer online environment for its children.