Facebook, Instagram and TikTok before the Italian courts: historic class action could change everything for minors

With six days to go until the first hearing before the Milan Business Court, what could become a historic turning point for the protection of minors online is taking shape: Europe's first summary proceedings class action against Meta and TikTok.

Facebook, Instagram and TikTok are accused of failing to protect children and teenagers from early and compulsive use of social networks. The legal action, launched by MOIGE - Movimento Italiano Genitori ("Italian Parents' Movement"), in collaboration with Turin-based law firm Ambrosio & Commodo and a collective of families, was presented in recent days with a clear objective: to obtain concrete tools to defend the youngest in a digital space that is increasingly intrusive and often out of control.

According to the action's promoters, 3.5 million children between the ages of 7 and 14 are active on Meta and TikTok platforms, even though Italian and European rules prohibit the registration of under-14s. A prohibition which, they claim, remains all too often theoretical and easily circumvented thanks to false or unverified civil status data.

More effective age checks and an end to aggressive mechanisms

The request addressed to the Milan Court is clear: force platforms to adopt certified and truly effective age verification systems. Because behind this legal threshold lies not a mere administrative formality, but a protective measure designed to safeguard the mental and emotional health of young people.

The most sensitive and innovative aspect of the class action concerns the very functioning of social media networks: the algorithms that shape content and interactions to keep users in front of the screen for as long as possible are at issue. Endless scrolling, constant notifications, "likes" and personalized content are all mechanisms designed to capture attention and generate dependency.

According to the action's promoters, these technologies exploit deep neurological dynamics linked to dopamine production, particularly in still-developing brains. This is where "captology" comes in, the science of digital persuasion: systems designed to invisibly influence behavior and habits, thanks to artificial intelligence and massive data collection.

The legal action therefore calls for a halt, at least for minors, to the mechanisms deemed most aggressive: from behavioral profiling to infinite scrolling, right through to compulsive gratification systems.

The third aspect concerns the right to information. As the promoters emphasize, families must be able to clearly understand the risks associated with intensive use of social networks, in the same way as for medication, alcohol or tobacco. In recent years, numerous scientific studies have revealed increasingly strong correlations between prolonged exposure to social media networking sites and disorders such as insomnia, anxiety, depression, isolation, eating disorders, lower academic performance and self-harm. Not to mention the extreme "challenges" and potentially dangerous content that all too often reach very young users.

That's why this class action is calling for platforms to be obliged to make visible and accessible clear information on the potential negative effects of using social media networks, a kind of "digital notice" designed to help parents and teenagers make more informed choices.

This Italian initiative is already attracting attention beyond national borders. Several member associations of the European Parents Association have expressed interest in similar initiatives in other European countries. From Milan, this battle could quickly spread to the whole continent.

Source : MOIGE