*by Fulvio Sarzana di S.Ippolito, Lawyer, Sarzana and Partners Law Firm. Sarzana Law Firm and Associates
Fulvio Sarzana, lawyer of the Sarzana Law Firm and Associates and expert in new technology law, was interviewed by The Espresso, in Valentina Romagnoli's article of August 28, 2026, on the ban on social media for minors under 15 and the Mennuni-Madia bill.
We summarize the main points of his speech here and explain them.
The Mennuni-Madia proposal on banning minors from using social media
The bill, co-signed by Lavinia Mennuni (FdI), along with Marianna Madia (PD), would ban social media registration for children under 15. The bill was drafted in 2024. It hasn't progressed since October 2025.
Meanwhile, the European Commission has announced a measure addressing the relationship between social media and minors, expected after the summer. The Italian government, through Minister Adolfo Urso, has chosen to wait for Brussels before introducing national legislation.
Why banning minors from social media affects everyone's privacy
“"The problem is how to verify the age of all users without violating EU privacy rules," Sarzana explained to L'Espresso. "The Mennuni-Madia proposal ties verification to systems like digital wallets, which, however, directly links the person's identity to the platform. This raises two risks that the Italian Data Protection Authority has long been warning about: tracking minors and mass surveillance of all social media users, minors and adults alike."”
The point is simple. An age-based ban is enforced only if each user proves their age. Therefore, verification applies not only to children, but also to adults. If that verification is performed using a tool that identifies the person, the social network ends up knowing who is behind each account.
There is a privacy-friendly age verification
Yes. In Italy, the "double anonymity" model already works for accessing pornographic sites. One party certifies your age. Another provides the service. Neither party sees your identity and browsing activity together. The system was created by the Caivano decree and is regulated by AGCOM.
It remains to be seen how transferable it is to social media. Access there is continuous, not occasional, and much more data is at stake.
The European Framework: DSA and the Digital Fairness Act
The Digital Services Act It already requires very large platforms to assess risks to minors and adopt mitigation measures. In July 2026, the European Commission reached the preliminary conclusion that the design of Facebook and Instagram encourages compulsive behavior, in violation of the regulation. In February, it reached similar conclusions about TikTok.
The Commission is also preparing the Digital Fairness Act, expected by the end of the year, which will make the ban on manipulative interfaces more explicit.
The position of Sarzana
The goal of banning minors from social media is shared by all political forces: protecting the youngest. The difficulty lies somewhere in between. A blanket ban based on age impacts freedom of communication, so much so that in August 2026, the French Constitutional Council rejected a similar provision.
The most solid path, for Sarzana, combines two approaches. The first: make the platform design more secure by default. The second: enforce existing rules, especially DSA. Age verification, where necessary, should be built on systems that do not directly identify the user.
The full interview is on The Espresso.
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