FRUSTRATION is growing among politicians over delays to stronger online protections for Jersey’s children, two years after the issue was raised as a priority.
Deputy Karen Wilson criticised the pace of progress, while scrutiny chair Victoria Li said she was “waiting to see the evidence” that the government was taking the issue seriously.
Their concerns come after a government answer to a written question incorrectly stated that an analysis of gaps in Jersey’s legislation would be published in 2027. The answer was subsequently corrected to confirm that it remained due by the end of this year.
Deputy Li, who chairs the Children, Education and Home Affairs Scrutiny Panel and tabled the question on 12 October, said the error raised questions about accountability.
“The fact we can get the dates wrong is alarming,” she said.
Deputy Wilson said the issue had first been identified as a priority two years ago.
“Even though we’ve had questions raised in the Assembly, we’ve had a scrutiny review, we’ve had some work done on the cyber security law, we still don’t have any sort of delivery of any piece of legislation,” she said.
“It’s taken its time, and it’s remarkable that other jurisdictions can actually put the urgency into this that is needed, because clearly it is starting to have some serious public health impacts.”
A scrutiny review published last November found that Jersey’s children were at greater risk online than their UK peers. It stated: “Jersey’s current safeguards lag behind those of comparable jurisdictions, particularly in areas such as age verification, platform accountability, and cross-border enforcement.”
Since the review, ministers have established an Online Safety Policy Ministerial Group and launched initiatives including DigiSafe, a resource to help young people and parents navigate the online world.
Assistant Children and Families Minister Malcolm Ferey said the government’s strategy centred on an “education piece”.
He said he wanted to avoid bans introduced elsewhere because young people could circumvent restrictions, pointing to Australia, where he said 80% of children still used social media despite restrictions for under-16s.
“Sooner or later that person will turn 16 and be able to access everything and not know how to use it and will come across that harmful content,” he said.
“Whilst we do appreciate something needs to be done, and we need to do that as quickly as possible, we want to make sure it’s the right thing to do for our children and young people and that it’s understood by parents and carers.”
However, Emily Jennings of campaign group Smartphone Free Childhood argued that age limits were necessary and had a clear precedent.
Ms Jennings, who has campaigned for stronger online protections for several years, recalled how one of her daughters became “addicted” to YouTube, which “derailed” her GCSEs.
She said her ten-year-old son had also inadvertently encountered pornography through adverts on Roblox.
“We don’t say practice drinking so you know what it’s like and how to behave when you’re drunk,” she said.
“We have age limits because we recognise that children’s brains haven’t developed self-regulation, and also to protect childhood.”
The UK’s Online Safety Act places duties on online businesses, including age checks for sensitive content, and gives media regulator Ofcom enforcement powers. Critics argue that those powers are insufficient to enforce its requirements effectively.
In 2022, Jersey was offered the option of requesting a permissive extent clause, which would have enabled the law to be extended to the Island.
Then-Economic Development Minister Kirsten Morel declined, arguing that Jersey should retain control over legislation that the States Assembly would otherwise be unable to amend, particularly on matters affecting freedom of expression.
He described the UK law as “very badly drafted” and said this had confirmed his decision.
Deputy Morel, who was criticised in last year’s scrutiny review for not consulting other ministers, said: “I knew it would take longer, but I thought it would take a couple of years.
“I’m surprised that it’s taking longer than it has, but I think that it’s right we control the legislation ourselves.”
In a joint statement, Education and Lifelong Learning Minister Catherine Curtis and Children and Families Minister Richard Vibert confirmed that the details of legislation had yet to be settled.
The ministers said: “Legal measures are a key policy tool for government to achieve its policy goals.
“We know from other jurisdictions that legislation is often combined with other policy approaches which include industry engagement and wider public health awareness.
“Taken together, this multi-layered approach will offer the best chance of success in achieving our policy ambition.”
