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2011

FACEBOOK SUED IN NORTHERN IRELAND OVER UNDER-13 ACCOUNT

September 8, 2011 0

The largest social media network Facebook is facing a grave challenge – how to ensure that the age restriction of 13 years is implemented and what is the extent of the network’s responsibility when a digression takes place.

This was brought to the fore when a father of a 12-year-old girl sued Facebook, in Northern Ireland, after his daughter posted ‘sexually provocative’ photos along with her personal details on the network.

He filed a writ petition in the Belfast High Court on Monday, claiming that the photographic images and literary content’ on the site have put his daughter in danger of attracting pedophiles.

The father is seeking an injunction not only ordering Facebook to close down his daughter’s account but to stop her from opening another one. If that doesn’t happen, he wants to see Facebook stop operations in Northern Ireland.

He argues that Facebook needs to be held accountable since it does not enforce its own rules. “It expects children to state their age correctly but does not have any checks in place.”

His lawyer Hilary Carmichael’s personal opinion is that Facebook is not suitable for under 18s. To the company’s inability to keep out under 13s she forwarded a solution: “ An age check, like asking for a passport number would be a simple measure for Facebook to implement.”

Emil Protalinski of Zdnet contacted Facebook for their comments and received the expected answer that they could not be held responsible. Facebook persisted in its arguments that anyone who is aware of an underage person on Facebook should report immediately by using the form provided and it will close down the relevant accounts.

The father of the girl had obviously resorted to this course but the girl who has behavioral problems soon created another account and continued uploading photos.

On its part the social network said that it uses back-end technology to try and prevent underage users from signing up again. However, it failed to explain how the system worked. Yet, the social media giant acknowledged that there is no single solution to ensure children do not lie about their age or deceive a system.

Rather than insisting on a strict system for age verification such as the passport number, Facebook said it preferred to educate its users about safety instead. It is noteworthy that the network would not have grown to gargantuan proportions so quickly if it had a long signing up process.

The social network took recourse to Internet safety experts who say it is vital for communication between parents and their children about the use of the Internet. It also highlighted recent updates to its safety and security offerings, including the Family Safety Center and social reporting tool.

Facebook also did not fail to mention that it partners charity organizations such as Family Online Safety Institute (FOSI) and law enforcement agencies across the world.

There are laws to protect children online and The Children’s Online Privacy Protection Act (COPPA) is one such, which mandates that website which collect information about users are not allowed to sign on anyone under the age of 13. Consequently, Facebook’s Statement of Rights and Responsibilities require users of the social network to be at least 13 years old (and even older, in some jurisdictions). And yet, it is a fact that millions of preteens use the service. While some get permission from their parents to create an account others lie about their age.

Four months ago, it was estimated that 7.5 million Facebook users are below the minimum age. To make matters worse, more than 5 million were 10-years-old or younger. What this implies is that laws and regulations are not enough to solve the problem. There needs to be a joint effort on the part of the social network, parents and lawmakers to set up an effective check in place.

It is interesting to note that, in May, Facebook CEO Mark Zuckerberg speaking at a summit on innovation in schools and teaching in Newark, New Jersey had said that the current age limit of 13 would be challenged “at some point.” Wonder, what would be his reaction now?