Facebook, Instagram and TikTok end up in court: the historic Italian class action that can change everything for minors

Six days after the first hearing before the Company Court of Milan, what could become a historic turning point in the protection of minors online takes shape: the first class action injunction in Europe against Meta and TikTok. Facebook, Instagram and TikTok are in the crosshairs, accused of not really protecting children and adolescents from the early and compulsive use of social networks.

The legal action, promoted by MOIGE – Italian Parents’ Movement together with the Ambrosio & Commodo firm of Turin and a group of families, was presented in recent days with a specific objective: to obtain concrete tools to defend the little ones in an increasingly invasive and often out of control digital space.

According to the promoters of the cause, 3.5 million children between 7 and 14 years old are active on Meta and TikTokdespite Italian and European regulations prohibiting enrollment for under 14s. A ban which, they argue, too often remains only on paper, easily circumvented through false or never verified personal data.

More effective checks on the age of users and a stop to aggressive mechanisms

The request to the Court of Milan is clear: to impose certified and effective age control systems on the platforms. Because behind that age threshold there would not be a simple bureaucratic formality, but a protection measure designed to safeguard the mental and emotional health of the children.

But the most delicate and innovative heart of the class action concerns the very functioning of social networks: under accusation are the algorithms that shape content and interactions to keep users in front of the screen for as long as possible. Infinite scroll, continuous notifications, likes, personalized content: mechanisms designed to capture attention and generate addiction.

According to the promoters of the action, these technologies exploit profound neurological dynamics, linked to the production of dopamine, especially in brains still in the developing phase. And it is precisely here that the so-called “captology” comes into play, the science of digital persuasion: systems designed to influence behaviors and habits invisibly, through artificial intelligence and massive data collection.

The legal action therefore asks to stop, at least for minors, those mechanisms considered more aggressive: from behavioral profiling to infinite scrolling, up to compulsive gratification systems.

The third point concerns the right to information. Families, the promoters argue, must be able to clearly understand the risks associated with intensive use of social media, as happens with drugs, alcohol or tobacco. In recent years, numerous scientific studies have highlighted increasingly strong correlations between prolonged exposure to social media and problems such as sleep disorders, anxiety, depression, isolation, eating disorders, decline in academic performance and self-harming behavior. Without forgetting the extreme challenges and potentially dangerous contents that too often reach very young users.

For this reason, the class action asks that platforms be obliged to make clear information visible and accessible on the possible negative effects of the use of social media, a sort of “digital leaflet” designed to help parents and children make more informed choices.

Meanwhile, the Italian initiative is already attracting attention even outside national borders. Various associations belonging to the European Parents Association have in fact expressed interest in replicating similar actions in other European countries. A battle that, from Milan, could soon spread to the entire continent.