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Session 04.1 Children in a Digital Environment

Tracks
Track 1: Room LG19
Monday, July 28, 2025
4:00 PM - 5:30 PM
LG19 - The Arthur Goodhart Lecture Theatre​

Overview


Individual papers
Chair: Prof Iyabode Ogunniran, University of Lagos, Nigeria


A child’s ‘right’ to protection in a digital age: in conflict with their best interests?
Dr Ruth Brittle, University of Leicester, UK

Tick Tock, am I old enough? A comparative analysis of different laws regulating children’s access to social media
Ms Eve Dougherty, Nicholes Family Lawyers, Australia

Pornwars: Threat to the rising generation
Professor Phil Watts, Mindstate Psychology, Australia


Speaker

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Dr Ruth Brittle
Lecturer In Law
University of Leicester

A child’s ‘right’ to protection in a digital age: in conflict with their best interests?

Abstract

The digital world is a prevalent feature of most children’s lives: Over 97% of children aged 3-17 have been online, a third of internet users are children and the daily average screen time for teenagers is over eight and a half hours (Livingstone et al 2016; 5rights foundation, 2024). Governments, for good reason, have devoted significant attention to protecting children from online harm and exposure to unsafe content (eg UK’s Online Safety Act 2023). Recent initiatives have been focused on protecting children’s well-being and best interests (Article 3(1) of the Convention on the Rights of the Child (CRC)) rather than on the impact on children’s substantive rights, such as participation rights (Articles 12-17 CRC); education rights (Articles 28 and 29 CRC) and the right to play (Article 31 CRC).
Access to the internet presents many challenges to, and opportunities for, children’s rights (UN Committee on the Rights of the Child, 2021), but government responses prioritise adult-centric concepts of welfare, best interests and well-being over guaranteeing the realisation of children’s rights (Collinson, 2022). This tension between competing dominant paternalistic, protectionist discourse on best interests and children’s participation rights draws focus away from children’s agency and autonomy to decide for themselves. In this presentation, I argue that although there is no specific child’s ‘right’ to protection in the UNCRC, a child’s rights approach to protection must be decoupled from a paternalistic welfare approach to addressing potential online harm. Instead, I argue that a child’s rights approach to protection should reshape the law’s response to online risks for children and challenge the paternalistic concept of child’s best interests and child protection which dominates (eg the UK’s Age-Appropriate Design Code). A children’s right’s approach to protection is consistent with the CRC and aligns with a more holistic approach to children’s rights (UNCRC, 2021).

Biography

Ruth is a children’s rights expert with a particular interest in the rights of young refugees. Ruth’s research focuses on the child's right to protection and the operationalisation of the best interests principle in the context of international and domestic refugee law. Her current research focuses on the education rights of young people seeking sanctuary and the impact of age assessment procedures on a young person’s right to seek asylum and access to other rights, such as education, health, welfare, and accommodation. Ruth teaches family law, tort, asylum and immigration law. In addition, Ruth is a qualified solicitor and an experienced litigator. Her practice focused on complex multi-party claims on behalf of local authority clients and their insurers. Additionally, she has experience in handling cases involving abuse in foster care, sensitive child protection cases and claims by children with special educational needs.

Eve Dougherty

Tick Tock, am I old enough? A comparative analysis of different laws regulating children’s access to social media

Abstract

We live in a technological age with every child alive today having been born after the launch of the internet, the social media juggernaut Facebook (now Meta), and for those under 15 years of age after the launch of the first iPhone.
A modern-day child’s ability to use technology is almost innate; Yet, their every-day access to such technology is managed and controlled, for better or worse, by the adult figures in each child’s life whether that be their parent or guardian or educator, for example. On a bigger scale, their access is also managed and controlled by age restricted classification systems or terms and conditions, paywalls, even country or regional restrictions. Nonetheless, a technologically savvy and/or resourceful child could maneuver around these controls by using technology like VPNs.
Where does childhood end and a technological takeover begin? What rights do children have to access technology, for example social media, and what responsibilities do adults have to regulate this for the child’s physical, emotional and psychological wellbeing?
In September 2024, the Australian Federal Government announced plans to introduce legislation to regulate children’s use and access to social media platforms by setting a minimum age requirement. While the actual age number is yet to be announced, it is possible that this age may be higher than the age of criminal responsibility in most Australian states and territories; which has begged the question, how can a child be too young for social media but old enough to be criminally responsible?
This paper, and presentation, will compare and analyse Australia’s planned legislation with similar international legislative approaches, and attempt to answer the questions posed regarding the rights of a child to access social media and how this is, or is not, balanced against perceived, and real needs to protect children from harm.

Biography

Eve joined Nicholes Family Lawyers in 2021, having previously practised in Family Law and associated legal areas, in both small and large firms. In April 2022, Eve was promoted to senior associate at Nicholes Family Lawyers. Eve has broad experience representing clients in parenting and property areas including complex parenting matters and significant property and financial disputes. Eve has a keen interest in all things Family Law and strives to achieve positive and legally sound outcomes for clients. Eve is passionate about clients exploring and engaging in alternative dispute resolution options and processes. When needed, Eve enjoys Court room advocacy and relishes the opportunity to represent clients and their interests in the Court system. Qualifications • Bachelor of Arts and Bachelor of Laws – The University of Queensland • Graduate Diploma of Legal Practice Memberships • Law Institute of Victoria • The International Golden Key Academic Honour Society

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A/professor Phil Watts
Director / Forensic Psychologist
Mindstate Psychology

Pornwars: Threat to the rising generation

Abstract

In a world where sexual abuse is being campaigned against, analysed in royal commissions, policing reformed to enable better processes for victims, and there has been a groundswell of public support (#metoo) our young people are increasingly being exposed to hardcore loveless sexual encounters and are copying what they see. There is no disputing that young people have more access to electronics and the associate knowledge than ever in the history of time. The problem is that it is enabling young people to become exposed to things earlier and more graphically then ever. Pornography access and content is also evolving with the social influence. The transition from magazines to graphic movies is well known. However porn movies are increasingly being self-made via phone cameras, and websites are marketing self-made porn (such as onlyfans). The implication of this on young developing minds is complex. This workshop briefly reviews the massive changes in the production and marketing of porn. It then discusses some of the ways it is impacting young people.

Biography

Dr Phil Watts is an adjunct associate professor in Clinical Psychology and endorsed in Forensic Psychology. He has over 35 years’ experience. He conducts assessments of offenders, has been Single Expert Witness in the Family Court in over 2500 cases, and also conducts Care and Protection assessments. He has treated both violent offenders and victims of violence, and writes criminal injuries reports. As well as running a busy private practice in South Perth, Mindstate Psychology, he has published seven books including “How to find love and not a Psycho” (2020) and “shared care or divided lives: What’s best for children when parents separate” (2008). Dr Watts is a well-known presenter on many different topics including assessing risk of violence, stalking, Family Violence in Family Court, sexual risk, and the impact of violence on children. He is a dynamic speaker who mixes humour and professional knowledge for lively presentation.
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