The “Best Interests of the Child” in the Digital Age

The concept of a child’s “best interests” is a cornerstone principle in protecting and nurturing young people. But how does this idea translate to the ever-evolving digital world? This new report published by the 5Rights-LSE Digital Futures for Children centre explores this question, examining how the “best interests” principle should be applied in the online environment.

The report clarifies that prioritising a child’s “best interests” means ensuring they can fully exercise their rights and experience holistic development, both now and in the future. However, it highlights a concerning trend: the misuse or misunderstanding of this principle in the digital context.

One example is using “best interests” as a replacement for upholding a child’s full range of rights (as defined by the UN Convention on the Rights of the Child). Another is using it to justify a “one-size-fits-all” approach, ignoring a child’s unique circumstances. The report argues that “best interests” isn’t meant to replace other rights, nor should rights be cherry-picked based on convenience.

That being said, there are situations where resorting to a “best interests” assessment is crucial. And most importantly, determining a child’s best interests is a responsibility of governments, not technology companies.

Furthermore, best interests should not be confused with balancing a child’s needs against a parent’s wishes or a company’s profits. While such balancing acts occur, “best interests” remain a primary consideration.

By prioritising children’s rights over commercial interests, digital technologies can become a force for positive change in young people’s lives. Creating a digital environment where children can fully enjoy their rights requires a fundamental shift in how technology is designed and used.