AGE VERIFICATION MEASURES FOR CHILDREN AND YOUTH ACCESSING SOCIAL MEDIA

Abstract

This research article aims to analyze the legal mechanisms and regulatory gaps regarding children's access to social media, in order to propose appropriate legal reforms for Thailand. It emphasizes a comparative analysis between Thai law and international measures, specifically those of the Commonwealth of Australia and the French Republic. The study finds that Thailand continues to face legal gaps due to the absence of specific, centralized standards for user age verification. The system still relies on ineffective consent mechanisms and self-declaration of age, compounded by the complexity of applying Section 20 of the Personal Data Protection Act B.E. 2562 (2019) (PDPA) in conjunction with the Civil and Commercial Code. The study recommends that Thailand enact dedicated legislation to establish a tiered protection framework ("Age-based Access Model") divided into three levels based on developmental stages and maturity:(1) Children under 13 years of age are prohibited from using social media.(2) Children aged 13-15 are permitted to use social media subject to Verifiable Parental Consent.(3) Youths aged 16-18 are permitted independent access under Safety/Privacy by Design safeguards. Furthermore, the study proposes integrating Double Anonymity technology and an Age Token system with the state's Digital ID infrastructure to balance and reinforce online safety with privacy protection, in accordance with the Principle of Proportionality and the Best Interests of the Child.

Keywords: Age Verification, Social Media, Child and Youth Protection, Principle of Proportionality, Right to Privacy, Digital Platform Regulation