FAILURE TO COMPLY WITH THE OBLIGATION TO VERIFY AGE AND THE PROHIBITION OF ACCESS TO SOCIAL FOR MINORS UNDER 14 YEARS

According to statistics, there are approximately 3.500.000,00 children between the ages of 7 and 14 who use the platforms. social In violation of the European and national ban that allows it only for those aged 14 and over: if we include their parents, approximately 10.000.000 Italians have been harmed by this bad practice by the resisting companies. The initiative by MOIGE and the Families brings this evidence to the attention of the Milanese judges, demanding compliance with the legislation that sets limits that are not random, but in the best interest of minors' health. It is indeed unacceptable, given the evidence of the harm to children—unfortunately unknown to the vast majority of parents, from whom it is knowingly hidden by Meta and TikTok—that these companies can knowingly and with impunity violate the rules protecting minors' health.

PERMANENT BIOLOGICAL DAMAGE

The lack of information from the companies that manage the platforms social, but also the carelessness of legislators and the authorities responsible for regulation and control, has denied families and the general public, obviously including minors, knowledge of a truly serious and disturbing fact: the risk that the use of social media could cause permanent biological damage to those between the ages of 6/7 and 23/25.

Professor Tonino Cantelmi—in the pro-veritate opinion that represents one of the strengths of the MOIGE-Famiglie document—recalls that "the prefrontal cortex reaches full maturation in adulthood (around age 25)" and that there is then a high risk of permanent damage to adolescents' mental health, since the stresses of excessive digital exposure can cause damage due to both excess and deficiency of dopamine. During adolescent development, the brain undergoes a profound revolution that can be impeded by structural changes caused by excessive screen time, with effects similar to the early use of addictive substances: the effects include problematic behaviors, impulsivity, decreased attention span, and inhibited response.

On this point and in confirmation of the above, many authoritative bodies have intervened, such as the European Commission with a May 2024 study (Wellbeing and mental health at school. Guidelines for school leaders, teachers and educators) which illustrates that "[t]oday's students report worse mental health outcomes, influenced by factors such as school pressure, body image, inappropriate use of social media and bullying, compared to previous generations, together with a decline in academic performance". The European Parliament also with the study by Prof. Dr. Brian O'Neill's “The Influence of Social Media on the Development of Children and Young People” examines the influence of social media on the development of European children and young people, citing numerous studies on their harmful use. He states that “social media is pervasive in the lives of European children and young people, through which they are exposed to a wide range of content, contacts, behaviors, and contractual risks,” and that “children are systematically exposed to harmful online content on platforms, such as online hate speech, sexual content, graphic or violent images, content promoting eating disorders, and misinformation.”

HOW SOCIAL MEDIA KEEPS USERS CONNECTED

DOPAMINE… WHAT IS IT? WHAT ROLE DOES IT PLAY IN SOCIAL?

Dopamine is a neurotransmitter, a substance that carries information between neurons through synaptic transmission. Dopamine acts as a chemical messenger for nerve cells, playing crucial roles in the brain: controlling movement, emotions, motivation, and the reward system.

It's known as the "pleasure hormone" because its release makes us experience positive sensations, pushing us to repeat rewarding behaviors. It also plays a role in regulating mood, attention, learning, and memory, and is essential for kidney function and hormonal balance, such as in the regulation of prolactin.

Meta and TikTok are well aware of these mechanisms, which they exploit to design and manage their platforms: provoking feelings of gratification, in fact, irreversibly ties the user to the platform, encouraging its abuse.

The damage from social media abuse is higher for children and adolescents, because their brains are still growing and they have a lesser capacity for “defense” than adults.

The document filed by MOIGE and the appellant families with the Court of Milan highlights the reasons that drive Meta and TikTok to focus their efforts on engaging children as much as possible from a young age. The main reason is that it's easier to influence a child or adolescent than an adult, due to their immature physical and mental development.

In short, both children and adolescents are constantly seeking new thrills and satisfactions, which social media provides in abundance, thus creating an addiction in the young user: the longer you stay connected, the more satisfaction and recognition you receive, manifested in likes, comments, and other "signals" you receive. Dopamine is therefore a veritable "Trojan horse" through which Meta and TikTok condition and direct the consciousness of young users, in some cases causing permanent damage to their brain and intellectual development.

ALGORITHMS TO CONDITION YOUR CHILD?

In fact, the functioning of social media, particularly those of Meta and TikTok, is largely based on computer algorithms:

In computer science, an algorithm can be described as "a sequence of finite steps designed to accomplish a task." The more structured and rich an algorithm is, the more precise and efficient it will be. Algorithms are used practically everywhere in technology today, and social media and social networks are no exception. The ability of a social network to reach a user's specific interests is closely related to how much and how the application's algorithm is developed and implemented.

In a world characterized by the omnipresence of social media, the concept of so-called algorithmic identity, or "the process of using algorithms to model and define a customer's identity," is also of interest (from the Digital Forensics report by Dr. Paolo Dal Checco, a renowned computer forensic consultant, attached to the MOIGE and Families' filing).

Essentially, algorithmic identity is based on the application of telematic mechanisms to collect and analyze an individual's data through their online activity, identifying their interests, tastes, and beliefs. The system then automatically selects messages with content consistent with that "identity," thus keeping them connected.

Meta and TikTok's services rely heavily on this user profiling, and as Dr. Del Checco writes, "not only browsing is tracked, but also the duration of browsing of individual content." This continuous and meticulous analysis of user activity allows companies to propose and re-propose highly personalized (and repetitive) content, constituting one of the main causes of addiction—and harm—for young users:

Algorithms analyze users' past behavior (likes, comments, shares, time spent on a post) to display content they deem most interesting to the user, which is called a "Feed." This leads to a continuous flow of highly relevant and engaging content, plausibly increasing the difficulty of disconnecting.

This sophisticated system is now highly refined, now supported by Artificial Intelligence, and is collectively defined as "persuasive technology or captology", a fascinating and disturbing branch of science that explores the intersection between computer science and persuasion, which can be defined as "a computer system designed to modify attitudes and behaviors without apparent coercion or deception".

It is described as a system that can both reinforce and change users' behaviors and can even act against their best interests, carrying out computational manipulation that uses artificial intelligence and big data to covertly influence decision-making processes.

The negative impact of such processes on fundamental rights is recognized in numerous EU legislative texts, such as the Digital Services Act (DSA), the Digital Markets Act (DMA), the Artificial Intelligence Act (AIA), and the EU Commission Guidelines on Directive 2005/29 (Unfair Commercial Practices Directive).

Everyone recognizes the existence of manipulative AI, but no one is doing anything serious and concrete to protect the educational freedom and mental health of the most vulnerable: children and adolescents! It is this neglect that our initiative seeks to address!

FAILURE TO PROVIDE INFORMATION ON ADVERSE EFFECTS AND DAMAGES

As in the field of medical care, drugs, tobacco and alcohol, even in the complex world of social Adverse effects and harm can occur. Just as we're used to finding a leaflet in the packaging of a medicine, social media platforms should also inform about the risks associated with their use.

The risk of suffering damage – even of a permanent nature – from frequenting social It's a fact that we can define as notorious, while the companies that create and manage them hide this evidence from young users and their parents, who therefore overuse the platforms as babysitters.

Do you know what FOMO is? It's an acronym for "Fear of Missing Out," meaning a child's fear of missing out—due to the speed and frequency of messages and notifications—on something important to them, or something that even speaks about them and that they absolutely must respond to... a diabolical way to keep children and teenagers tied up, day and night!

This need to always be connected, sometimes using multiple platforms at the same time, causes:

Eating disorders; sleep deprivation; decline in academic performance and attention span; depression; misinterpretation of emotions; dissatisfaction with one's body image; misunderstandings and difficulties in family and social relationships; conflicts or amplification of insecurities; easy loss of self-control, impulsive behavior; seeking quick and rewarding stimulation, often leading to exposure to reckless behavior; accepting challenges that are often dangerous to one's safety (challenges); self-harm;

Scientific literature directly links screen time to personal injuries, suicidal ideation, and anti-conservative behavior. A further authoritative study on the topic was published on June 18, 2025 (Association of Habitual Checking Behaviors on Social Media With Longitudinal Functional Brain Development, Maza et al., JAMA Pediatrics).