In brief: Jersey politicians are voicing growing frustration at the slow pace of online safety legislation to protect children, two years after the issue was first identified as a priority. A government written answer that incorrectly stated a key legislative analysis would not be published until 2027 has added to concerns about accountability. Meanwhile, ministers insist education, not bans, is the right approach.
Two Years On, Still No Law
It has been two years since online safety for children was flagged as a legislative priority in Jersey, and the Island still has nothing to show for it in the statute book. Deputy Karen Wilson did not mince her words when speaking to the Jersey Evening Post: “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 added that it was “remarkable” other jurisdictions had managed to treat the matter with the urgency it deserved, given what she described as “serious public health impacts.”
The frustration was sharpened by an administrative stumble. A government answer to a written question tabled on 12 October by Deputy Victoria Li, who chairs the Children, Education and Home Affairs Scrutiny Panel, incorrectly stated that an analysis of gaps in Jersey’s legislation would be published in 2027. The answer was subsequently corrected to confirm the analysis remains due by the end of this year. Deputy Li said the error “raised questions about accountability,” adding pointedly that she was “waiting to see the evidence” that the government was taking the issue seriously. When a government cannot get its own deadlines right in a written answer to a scrutiny panel, one might reasonably wonder who is keeping track of the broader project.
A scrutiny review published last November found that Jersey’s children were at greater risk online than their UK peers, concluding that “Jersey’s current safeguards lag behind those of comparable jurisdictions, particularly in areas such as age verification, platform accountability, and cross-border enforcement.” Since then, ministers have established an Online Safety Policy Ministerial Group and launched DigiSafe, a resource to help young people and parents navigate the online world. Useful, no doubt, but hardly the legislative firewall that critics are calling for.
The Age Limits Debate
Assistant Children and Families Minister Malcolm Ferey has staked out a position that is sceptical of outright bans. He pointed to Australia, where he said 80% of children still used social media despite restrictions for under-16s, arguing that a young person who circumvents restrictions will eventually turn 16 and “come across that harmful content” without knowing how to handle it. His preferred approach centres on an “education piece,” and he stressed the government wants to ensure any action is “the right thing to do for our children and young people.”
Not everyone is persuaded. Emily Jennings of campaign group Smartphone Free Childhood has been pushing for stronger protections for several years. She described how one of her daughters became “addicted” to YouTube, which “derailed” her GCSEs, and recounted how her ten-year-old son inadvertently encountered pornography through adverts on Roblox. Her argument is straightforward: “We don’t say practice drinking so you know what it’s like and how to behave when you’re drunk. We have age limits because we recognise that children’s brains haven’t developed self-regulation, and also to protect childhood.” It is a hard point to dismiss.
The Road Not Taken: The UK’s Online Safety Act
Jersey’s predicament is partly rooted in a decision made in 2022, when the Island was offered the option of requesting a permissive extent clause that would have enabled the UK’s Online Safety Act to be extended here. Then-Economic Development Minister Kirsten Morel declined, arguing that Jersey should retain control over legislation the States Assembly would otherwise be unable to amend, particularly on matters touching freedom of expression. He described the UK law as “very badly drafted.” Deputy Morel has since acknowledged he expected the process to take “a couple of years” and said he is “surprised that it’s taking longer,” while maintaining that local control over the legislation remains the right call.
The UK’s Online Safety Act places duties on online businesses, including age checks for sensitive content, and gives media regulator Ofcom enforcement powers, though critics argue those powers are insufficient to enforce its requirements effectively. 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, describing a “multi-layered approach” combining legal measures, industry engagement and public health awareness as offering “the best chance of success.”
Source: Jersey Evening Post
