How to balance freedom of expression and child protection in the digital age? A comparative legal analysis

Mohammed Abbas Mohsin, PhD in Public Law, Diplomatic advisor Photo credit: San Jose Public Library, via Wikimedia Commons Abstract This blog post presents a comparative legal analysis of the regulatory and judicial frameworks governing the balance between the fundamental right to freedom of expression and the state’s pressing interest in protecting children in the digital age. By examining recent landmark decisions handed down by the Supreme Court of the United States, the Court of Justice of the European Union, the French Council of State, the Italian Regional Administrative Court, and the Supreme Court of England and Wales, this paper analyses how the various judicial authorities in those countries reconcile the requirements for age verification on digital platforms with constitutional safeguards and human rights. This post explores the shift in levels of judicial scrutiny, the extent to which procedural requirements under internal market rules (such as the country-of-origin…