2023/2043(INI) | [ParlTrack]

Motion for a resolution
Citation 1 a (new)

– having regard to the United Nations Convention on the Rights of the Child and the General comment No. 25 (2021) to the Convention on children’s rights in relation to the digital environment,

Amendment 10 #

Motion for a resolution
Recital A

A. whereas many digital services, such as online games, social media, streaming services for films, series or music, online marketplaces or web shops and dating apps arcan be designed to keep users on the platform for as long as possible so as to maximise the time and money they spend there; whereas consequently many online services arcan be designed to be as addictive as possible; whereas the terms ‘addictive design’ or ‘behavioural design’ of online services describe features that lead to behaviour-related forms of digital addiction, such as, ‘excessive or harmful internet use’, ‘smartphone addiction’, ‘technological or internet addiction’, ‘social media addiction’; whereas there is a growing consensus among academics that phenomena, such as ‘social media addiction’ exist;

Amendment 100 #

Motion for a resolution
Paragraph 7

7. Calls for a ban on interaction- based recommender systems, in particular hyper-personalised systems that are designed to be addictive and keep users on the platform as long as possible rather than to serve users information in a more neutral manner; underlines that it is evident from whistle-blowers’ testimonies that safer alternative recommender systems are possible, such as those based on chronological order, those with more real user control over the content is displayed or those based on more secure settings, but that these alternatives are less profitable for social-media platforms;deleted

Amendment 101 #

Motion for a resolution
Paragraph 7

7. Calls for a ~~ban~~n examination to be carried out into the desirability of a ban for under-16s on interaction-based recommender systems, in particular hyper- personalised systems that are designed to be addictive and keep users on the platform as long as possible rather than to serve users information in a more neutral manner; further calls for an examination of whether and to what extent an obligation not to use interaction-based recommendation systems 'by default' is desirable, while allowing the user to choose such a recommendation system in any case, potentially with a mandatory accompanying warning of the dangers of this system; underlines that it is evident from whistle-blowers’ testimonies that safer alternative recommender systems are possible, such as those based on chronological order, those with more real user control over the content is displayed or those based on more secure settings, but that these alternatives are less profitable for social-media platforms;

Amendment 102 #

Motion for a resolution
Paragraph 7

7. Calls for a ban on interaction-based recommender systems, in particular hyper- personalised systems that are designed to be addictive and keep users on the platform as long as possible rather than to serve users information in a more neutral manner; underlines that it is evident from whistle-blowers’ testimonies that safer alternative recommender systems are possible, such as those based on chronological order, those with more real user control over the content is displayed or those based on more secure settings, ~~but that~~demands the protection of consumers through such safer alternatives even if these alternatives are less profitable for social-media platforms;

Amendment 103 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph 7

7. Calls for a ban assessment by the Commission on interaction-based recommender systems, in particular hyper- personalised systems that ~~are designed to be addictive an~~could have addictive effects and could keep users on the platform as long as possible rather than to serve users information in a more neutral manner; underlines that it is evident from whistle-blowers’ testimonies that safer alternative recommender systems ~~are possible~~can be employed, such as those based on chronological order, those with more real user control over the content is displayed or those based on more secure settings, but that these alternatives are less profitable for social-media platforms;

Amendment 104 #

Motion for a resolution
Paragraph 7 a (new)

7a. Believes that consumers should be granted the right to meaningful personalisation that would afford them effective control over the recommendations they are shown by content recommender systems and the right to receive non-personalised offers, and to receive only such product and service offers and content recommendations which are not based on algorithmic personalisation techniques;

Amendment 105 #

Stéphanie YON-COURTIN

Motion for a resolution
Paragraph 7 a (new)

7a. Calls on the Commission to explore the opportunity to promote opening up the social network infrastructure in order to offer the capacity for users to have access to third party applications or to add external functionalities to the original interfaces and thus depart from the original and addictive aspects of social media;

Amendment 106 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph 7 b (new)

7b. Believes that any response at the EU level should aim to create meaningful consultation, cooperation, and collaboration with and between stakeholders, particularly lawmakers, public health bodies, and media regulators, companies, consumer organisations and NGOs; Stresses that stakeholders must work collaboratively to develop, assess and take regulative actions to prevent and minimize the harm associated with problematic online behaviours; Furthermore, believes that the broad use of educational guidelines and prevention plans, as well as awareness-raising campaigns, should promote self-control strategies to help individuals develop safer online behaviours and new healthy habits;

Amendment 107 #

Motion for a resolution
Paragraph 8

8. Demands that, in its legislation on addictive design, the Commission puts forward a digital ‘right not to be disturbed’ including design that would turn all attention seeking features off by default;deleted

Amendment 108 #

Motion for a resolution
Paragraph 8

8. Demands that~~, in its legislation on addictive design, the Commission puts forward~~ consideration be given to a digital ‘right not to be disturbed’ including design that would turn all attention seeking features off by default; where the user can choose to activate such features, possibly with an attached mandatory warning of the potential dangers of such features;

Amendment 109 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph 8

Amendment 11 #

Motion for a resolution
Recital A a (new)

Aa. whereas with all the improvements that technology has brought into the lives of individuals, sophisticated use of data and AI technologies and the continuous exposure to monetisation-driven algorithms have already been seen to have harmful consequences affecting consumers’ online behaviour, exposing their ever-weaker position and reducing consumers and citizens’ trust in markets and democratic societies; whereas social media platforms must take steps to give back autonomy to the users, respecting their wellbeing regardless of profitability considerations, and give regulators and researchers the necessary tools to analyse the effects of using these platforms;

Amendment 110 #

Motion for a resolution
Paragraph 8

Amendment 111 #

Motion for a resolution
Paragraph 9

9. Urges the Commission to promote and ensure ethical design of online services and examine where and what policy initiatives are needed; calls on the Commission to create a list of good practices of design features that are not addictive or manipulative and ensure users are fully in control and can take conscious and informed actions online without facing an information overload; stresses that policy actions in this area should not place a burden on consumers ~~but address the harm caused by the businesses~~; notes the best practices of ‘think before you share’, turning all notifications off by default, more neutral online recommendations, such as those based on chronological order or increased user-control, up-front choice between colour and greyscale apps, or warnings when users have spent more than 15 minutes or 30 minutes on a specific service, an automatic locking of certain online services when minors have used that service for a given period of time, with a PIN code being required to continue use, a restriction on the times during which minors can use certain online services, or weekly summaries of total screen time, further broken down by online service;

Amendment 112 #

Motion for a resolution
Paragraph 9

9. Urges the Commission to promote ~~and ensure~~ ethical design of online services; calls on the Commission to create a list of good practices of design features that are not addictive or manipulative and ensure users are fully in control and can take conscious and informed actions online without facing an information overload; stresses that policy actions in this area should not place a burden on consumers but address the harm caused by the businesses; notes the best practices of ‘think before you share’, turning all notifications off by default, more neutral online recommendations, such as those based on chronological order or increased user-control, up-front choice between colour and greyscale apps, or warnings when users have spent more than 15 minutes or 30 minutes on a specific service; stresses that policy actions in this area should not place a burden on consumers, especially vulnerable users or their legal guardians, but address the harm caused by the addictive design;

Amendment 113 #

Motion for a resolution
Paragraph 9

9. Urges the Commission to promote and ensure ethical design of online services; calls on the Commission to create a list of good practices of design features that are not addictive or manipulative and ensure users are fully in control and can take conscious and informed actions online without facing an information overload; stresses that policy actions in this area should not place a burden on consumers, notably vulnerable users such as children, but address the harm caused by the businesses; notes the best practices of ‘think before you share’, turning all notifications off by default, more neutral online recommendations, such as those based on chronological order or increased user-control, up-front choice between colour and greyscale apps, or warnings when users have spent more than 15 minutes or 30 minutes on a specific service;

Amendment 114 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph 9

9. Urges the Commission to promote and ensure ethical design of online services; calls on the Commission to create a list of good practices of design features that are not addictive or manipulative and ensure users are fully in control and can take conscious and informed actions online without facing an information overload or subconscious influencing; stresses that policy actions in this area should not place a burden on consumers but address the harm caused by the businesses; notes the best practices of ‘think before you share’, turning all notifications off by default, more neutral online recommendations, such as those based on chronological order or increased user-control, up-front choice between colour and greyscale apps, or warnings when users have spent more than 15 minutes or 30 minutes on a specific service;

Amendment 115 #

Motion for a resolution
Paragraph 9 a (new)

9a. Strongly believes that providers should move away from platform features that encourage a focus on monopolising users’ attention, including personalised advertising and continuous streams of content to help users autonomously choose what content they wish to engage with, and limit the ability of social media platforms; support developing, implementing and evaluating in-app functions that might support users’ self- control, such as warning messages or developing, implementing, and evaluating awareness campaigns concerning potential risks resulting from problematic online behaviours;

Amendment 116 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph 10

10. Stresses the significant impact of addictive design on children and youngsters and calls on the Commission to make additional international efforts to regulate addictive design online in this regard; and the need to develop and implement regulatory instruments and industry standards on safety by design digital services and products for children which can foster compliance with children’s rights;

Amendment 117 #

Motion for a resolution
Paragraph 10

10. Stresses the significant impact of addictive design on all individuals, but especially on children and ~~youngster~~adolescents and calls on the Commission to make additional international efforts to regulate addictive design online in this regard;

Amendment 118 #

Motion for a resolution
Paragraph 10

10. Stresses the significant impact of addictive design on children and youngsters and calls on the Commission to make additional ~~international~~ efforts to promote regulateion of addictive design online ~~in this regard~~at international level;

Amendment 12 #

Motion for a resolution
Recital A a (new)

Aa. whereas digital services, including social media, are radically changing society and bringing positive effects such as increased efficiency, simplification, time and cost savings, connectedness, accessibility and leisure. Social media also allows children and young people to learn about and appreciate different perspectives and worldviews, as well as to build knowledge and explore areas of interest; whereas digitisation and social media also pose new challenges to society and require policy attention to both physical and mental health risks associated with the use of online services;

Amendment 13 #

Motion for a resolution
Recital A a (new)

Aa. whereas digital services are not based on the same business model, while some digital services work on data monetization and therefore on the time spent on the application in order to collect data and use it for advertising purposes; other digital services work with subscriptions such as dating apps and streaming services and are not designed to keep users as long as possible on the platform;

Amendment 14 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital A b (new)

Ab. whereas behaviour modification need not necessarily be negative and apps can help us become more productive or exercise more, for example. Apps can solve specific problems, streamline things and make life easier, as illustrated by traffic, banking or translation apps; whereas the likelihood of addiction is many times higher with social media apps, since many of them are commercially designed to make us interact with the platform as much as possible; whereas commercial success and ethical app development are not mutually exclusive;

Amendment 15 #

B. whereas 16-24 year-olds spend an average of over seven hours a day on the internet; whereas one in four children and young people display ‘problematic’ or ‘dysfunctional’ smartphone use, meaning behavioural patterns mirroring addiction; whereas research suggests that problematic smartphone use continues to rise~~; whereas research also suggests that the rise in mental health problems in adolescents might be related to excessive social media u~~ and that many children rarely disconnect from social media and use it constantly throughout the day feeling insecure without their mobile phone; whereas research also suggests that the rise in mental health problems in adolescents might be related to excessive social media use and that social media pressure has been identified as one of the top five causes of mental health difficulties for children; whereas younger populations are more vulnerable to psychopathological developments, and harmful behaviours and mental health conditions established in childhood can shape the subsequent life course;

Amendment 16 #

Motion for a resolution
Recital B

B. whereas 16-24 year-olds spend an average of over seven hours a day on the internet; whereas one in four children and young people display ‘problematic’ or ‘dysfunctional’ smartphone use, meaning behavioural patterns mirroring addiction; whereas research s~~uggest~~hows that ~~problematic smartphone use continues to ris~~many children rarely disconnect from social media, use it constantly throughout the day and feel insecure without their mobile phone; whereas research ~~also~~ suggests that the rise in mental health problems in adolescents might be related to excessive social media use; whereas social media pressure has been identified as one of the top five causes of mental health difficulties for children; whereas gaming addiction is recognised as a mental health disorder by the World Health Organisation.

Amendment 17 #

Motion for a resolution
Recital B

Amendment 18 #

Ba. whereas more and ongoing research is needed into the correlation between social media and health, especially the impact of social media on mental health; whereas research on the link between screen use and physical health is robust, identifying a clear link between increased screen use and nearsightedness, decreased motor skills and poor sleeping habits; whereas the effects of social media on mental health are difficult to isolate and are also related to a person's physical environment, personal characteristics and possible vulnerabilities. What may have a positive impact on one person's health may actually be harmful to the health of another person;

Amendment 19 #

Motion for a resolution
Recital C

C. whereas internet-use-related addiction ~~displays~~can have similar side effects to substance-related addictions, ~~including evidence of tolerance and relapse~~with problematic internet use encompassing a spectrum from mild to severe problems, including addiction; whereas strict regulation exists for addictive products, such as drugs, alcohol, tobacco and gambling to prevent addiction and protect consumers from harm; whereas problematic smartphone or internet use has been linked to lower life satisfaction and mental health symptoms such as depression, low self-esteem, body-image disorders, eating disorders, anxiety, high levels of perceived stress, neglect of family and friends, loss of self-control, lack of sleep and obsessive-compulsive symptoms, such as compulsive buying among young adults; whereas the fact that many young people refer to themselves as 'addicts' indicates growing awareness; whereas the effects of the online environment on mental health are difficult to isolate and more research is emerging about a causal relationship - cause and effect - between online presence and mental health; whereas heavy users of digital media are twice as likely to have mental- health issues, including risk factors for suicide and self-harm; whereas children and young people are more vulnerable to these symptoms; whereas mental-health conditions established in childhood can shape an individual’s subsequent life course; whereas excessive internet use is associated with problems with daily obligations, declining grades, poor school and academic performance or poor job performance;

Amendment 2 #

Motion for a resolution
Citation 6

~~– having regard to the report of the consumer organisation umbrella group BEUC of 2022 entitled ‘EU Consumer protection 2.0. Protecting fairness and consumer choice in a digital economy’,~~deleted

Amendment 20 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital C

C. whereas internet-use-related addiction displays several similar side effects to substance-related addictions, including evidence of tolerance and relapse; whereas strict regulation exists for addictive products, such as drugs, alcohol, tobacco and gambling to prevent addiction and protect consumers from harm; whereas problematic smartphone or internet use has been linked to lower life satisfaction and mental health symptoms such as depression, low self-esteem, body-image disorders, eating disorders, anxiety, high levels of perceived stress, neglect of family and friends, loss of self-control, lack of sleep and obsessive-compulsive symptoms, such as compulsive buying among young adultproblematic smartphone or internet use has been linked to lower life satisfaction and mental health symptoms; whereas heavy users of digital media are twice as likely to have mental- health issues, including risk factors for suicide and self-harm; whereas children and young people are more vulnerable to these symptoms; whereas mental-health conditions established in childhood can shape an individual’s subsequent life course; whereas excessive internet use is associated with problems with daily obligations, declining grades, poor school and academic performance or poor job performance;

Amendment 21 #

Motion for a resolution
Recital C

C. whereas internet-use-related addiction displays similar side effects to substance-related addictions, including evidence of tolerance and relapse; whereas strict regulation exists for addictive products, such as drugs, alcohol, tobacco and gambling to prevent addiction and protect consumers from harm; whereas problematic smartphone or internet use has been linked to lower life satisfaction and mental health symptoms such as depression, low self-esteem, body-image disorders, eating disorders, anxiety, high levels of perceived stress, neglect of family and friends, loss of self-control, lack of sleep and obsessive-compulsive symptoms, such as compulsive buying among young adults; whereas heavy users of digital media are twice as likely to have mental- health issues, including risk factors for suicide and self-harm; whereas children and young people are more vulnerable to these symptoms; whereas mental-health conditions established in childhood can shape an individual’s subsequent life course; whereas excessive internet use is associated with problems with daily obligations, declining grades, poor school and academic performance or poor job performance; whereas the prevalence of digital addictions and its association with symptoms of common mental disorders is a growing public health problem and as such, it should be a concern to policy makers; whereas further research should develop a consensus regarding the most appropriate diagnostic criteria and determine risk factors for different digital addictions.

Amendment 22 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital C

C. whereas internet-use-related addiction displays similar side effects to substance-related addictions, including evidence of tolerance and relapse; whereas strict regulation exists for addictive products, such as drugs, alcohol, tobacco and gambling to prevent addiction and protect consumers from harm; whereas problematic smartphone or internet use has been linked to lower life satisfaction and mental health symptoms such as depression, low self-esteem, body-image disorders, eating disorders, anxiety, high levels of perceived stress, neglect of family and friends, loss of self-control, lack of sleep and obsessive-compulsive symptoms, such as compulsive buying among young adults; whereas heavy users of digital media are twice as likely to have mental- health issues, including risk factors for suicide and self-harm; whereas children and young people are more vulnerable to these symptoms; whereas mental-health conditions established in childhood can shape an individual’s subsequent life course; whereas excessive internet use is associated with problems with daily obligations, declining grades, poor school and academic performance or poor job performance; whereas certain services, products or features that may not affect adults can instead be highly risky, addictive or otherwise harmful for children, including because of the cumulative impact of a combination of several features or prolonged impact over time;

Amendment 23 #

Motion for a resolution
Recital C a (new)

Ca. whereas all online services and products that are likely to be accessed by children should be designed with the best interests of the child as a primary consideration; whereas certain online addictive services and products can be highly risky, addictive, or otherwise harmful for children, including due to the combined impact of several features or their cumulative impact over time;

Amendment 24 #

Motion for a resolution
Recital C a (new)

Ca. whereas the behavioral design of certain social media apps causes our attention to be constantly drawn away, with the result that we actually multitask far too much and lose focus; whereas it is crucial to make people aware of the importance of monotasking, concentration and self-regulation;

Amendment 25 #

Motion for a resolution
Recital D

D. ~~whereas according to some research, excessive screen time or problematic use impacts brain development;~~ whereas increases in social media use problems are linked to attention deficits, shorter attention spans, impulsiveness and attention deficit hyperactivity disorder (ADHD) symptoms; whereas intensive social media use has been associated with lower levels of grey matter in certain areas of the brain, just as is the case with other addictive substances~~, such as alcohol and heroin~~; whereas excessive screen time ~~(more than 2-3 hours a day in front of a screen)~~ can have effects on neurodevelopment, learning and memory, and the sedentary lifestyle linked to time spent on electronic media brings a potential increased risk of early neurodegeneration;

Amendment 26 #

Motion for a resolution
Recital D

D. whereas according to some research, excessive screen time or problematic use impacts brain development; whereas increases in social media use problems are linked to attention deficits, shorter attention spans, impulsiveness and attention deficit hyperactivity disorder (ADHD) symptoms; whereas intensive social media use has been associated with lower levels of grey matter in certain areas of the brain, just as is the case with other addictive substances, such as alcohol and heroin; whereas excessive screen time (more than 2-3 hours a day in front of a screen) can have effects on neurodevelopment, learning and memory, and the sedentary lifestyle linked to time spent on electronic media brings a potential increased risk of early neurodegeneration;

Amendment 27 #

Motion for a resolution
Recital D a (new)

Da. whereas parents and educators play a crucial role in providing tools and preventive measures against excessive internet use; whereas research has shown that setting clear rules and constructive communication with children can help prevent social-media addiction1 a; whereas parents and educators should be supported in this difficult and very important task, for example with a digital platform which they can consult for information about the dangers of excessive internet use and how to communicate about the issue with children and young people; whereas consideration should be given to requiring internet service providers and manufacturers of internet-enabled devices to provide user-friendly parental controls; whereas parents and educators play an important role-model function and can teach children the importance of monotasking and concentration by putting their own smartphones to one side sufficiently often and intentionally; whereas the importance of digital literacy, awareness raising and sensitisation should be emphasised; whereas, as a matter of policy, emphasis should be placed on media literacy and being critically aware when engaging in online interactions and using social media; _________________ 1 a Koning, I.M. (e.a.), Bidirectional effects of internet-specific parenting practices and compulsive social media and internet game rules, Journal of Behavioral Addictions 2018, 624-632.

Amendment 28 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital E

E. whereas addictive design can be seen to have a negative impact on everyone, not just individuals showing problematic usage patterns; whereas addictive design, especially of smartphones and social media, makes it hard to focus on the task in hand owing to distractions such as messages and notifications constantly disrupting peoples’ concentration, even at school or while driving; whereas the addictive design of online services leads to increased pressure to perform and social pressure to be permanently online and connected, increasing the risk of stress and burnout; whereas consumers online are increasingly confronted with an information overload and e~~xcessive~~normous sensorial stimuli throughout the day, constraining their cognitive ability, and user interfaces offer only limited control over their data; whereas the time people spend behind screens is time not spent being active, moving, being outside, or shutting down and relaxing, all of which are associated with physical and mental well-beingwhich may lead to limited cognitive ability; whereas adolescents who spend a small amount of time on electronic communication are generally the happiest; whereas people that stop using social media for a week experience significant improvements in well-being;

Amendment 29 #

Motion for a resolution
Recital E

E. whereas addictive design can be seen to have a negative impact on everyone, not just individuals showing problematic usage patterns; whereas addictive design, especially of smartphones and social media, makes it hard to focus on the task in hand owing to distractions such as messages and notifications constantly disrupting peoples’ concentration, even at school or while driving; whereas the addictive design of online services leads to increased pressure to perform and social pressure to be permanently online and connected, increasing the risk of stress and burnout; whereas consumers online are increasingly confronted with an information overload and excessive sensorial stimuli throughout the day, constraining their cognitive ability, and user interfaces offer only limited control over their data; whereas the time people spend behind screens is time not spent being active, moving, being outside, or shutting down and relaxing, all of which are associated with physical and mental well-being and which are especially crucial for children’s development; whereas adolescents who spend a small amount of time on electronic communication are generally the happiest; whereas people that stop using social media for a week experience significant improvements in well-being;

Amendment 3 #

Motion for a resolution
Citation 7 a (new)

– having regard to the Better Internet for Kids strategy of the Commission,

Amendment 30 #

Motion for a resolution
Recital E

E. whereas addictive design can be seen to have a negative impact on everyone, not just individuals showing problematic usage patterns; whereas addictive design, especially of smartphones and social media, makes it hard to focus on the task in hand owing to distractions such as messages and notifications constantly disrupting peoples’ concentration, even at school or while driving; whereas the addictive design of online services leads to increased pressure to perform and social pressure to be permanently online and connected, increasing the risk of stress and burnout; whereas consumers online are increasingly confronted with an information overload and excessive sensorial stimuli throughout the day, constraining their cognitive ability, and user interfaces offer only limited control over their data; whereas the time people spend behind screens is time not spent being active, moving, being outside, or shutting down and relaxing, all of which are associated with physical and mental well-being and are notably paramount for children’s development; whereas adolescents who spend a small amount of time on electronic communication are generally the happiest; whereas people that stop using social media for a week experience significant improvements in well-being;

Amendment 31 #

Motion for a resolution
Recital E

E. whereas addictive design can be seen to have a negative impact on everyone, not just individuals showing problematic usage patterns; whereas addictive design, especially of smartphones and social media, makes it hard to focus on the task in hand owing to distractions such as messages and notifications constantly disrupting peoples’ concentration, even at school or while driving; whereas the addictive design of online services leads to increased pressure to perform and social pressure to be permanently online and connected, increasing the risk of stress and burnout; whereas consumers online are increasingly confronted with an information overload and excessive sensorial stimuli throughout the day, constraining their cognitive ability, and user interfaces offer only limited control over their data; whereas the time people spend behind screens is time not spent being active, moving, being outside, or shutting down and relaxing, all of which are associated with physical and mental well-being as well as crucial for children’s development; whereas adolescents who spend a small amount of time on electronic communication are generally the happiest; whereas people that stop using social media for a week experience significant improvements in well-being;

Amendment 32 #

Motion for a resolution
Recital E

E. whereas addictive design can be seen to have a negative impact on everyone, not just individuals showing problematic usage patterns; whereas addictive design, especially of smartphones and social media, makes it hard to focus on the task in hand owing to distractions such as messages and notifications constantly disrupting peoples’ concentration, even at school or while driving; whereas the addictive design of online services leads to increased pressure to perform and social pressure to be permanently online and connected, increasing the risk of stress and burnout; whereas consumers online are increasingly confronted with an information overload and excessive sensorial stimuli throughout the day, constraining their cognitive ability, and user interfaces offer only limited control over their data; whereas the time people spend behind screens is time not spent being physically active, moving, being outside, ~~or shutting down and relaxing,~~ all of which are associated with physical and mental well-being; whereas adolescents who spend a small amount of time on electronic communication are generally the happiest; whereas people that stop using social media for a week experience significant improvements in well-being;

Amendment 33 #

Motion for a resolution
Recital F

F. whereas on average, adolescent girls spend more time online, on smartphones, social media and texting than boys; whereas boys spend more time on gaming and electronic devices in general; whereas girls show a stronger association between screen time and poor mental health than boys and are more than twice as likely to have clinically relevant levels of depressive symptoms than boys; whereas addictive online services such as such as Facebook, TikTok and Instagram are often targeted at minors or accessible to children of all ages; whereas all services and products likely to be accessed by children must be safe for them and consider the best interest of the child;

Amendment 34 #

Motion for a resolution
Recital F

F. whereas on average, adolescent girls spend more time online, on smartphones, social media and texting than boys; whereas boys spend more time on gaming and electronic devices in general; whereas girls show a stronger association between screen time and poor mental health than boys and are more than twice as likely to have clinically relevant levels of depressive symptoms than boys; whereas addictive online services such as such as Facebook, TikTok and Instagram are often targeted at minors or anyway accessible to them; whereas all services likely to be accessed by minors must be safe for them and consider the best interest of the minor;

Amendment 35 #

Motion for a resolution
Recital F

F. whereas on average, adolescent girls spend more time online, on smartphones, social media and texting than boys; whereas boys spend more time on gaming and electronic devices in general; whereas girls show a stronger association between screen time and poor mental health than boys and are more than twice as likely to have clinically relevant levels of depressive symptoms than boys; ~~whereas addictive online services such as such as Facebook, TikTok and Instagram are often targeted at minors;~~

Amendment 36 #

Motion for a resolution
Recital G

G. whereas the interfaces of some digital services exploit similar psychological vulnerabilities to those involved in an addiction to gambling; whereas addictive design features intentionally play into consumers’ vulnerabilities, making them spend much more time on applications and consuming more than intended; whereas platforms deploy gamification techniques, meaning behavioural design using game mechanics to reward the completion of tasks ~~and giving users the illusion of choice and control, while being subjected to a deliberately highly curated timeline~~;

Amendment 37 #

Motion for a resolution
Recital H

H. whereas addictive design features are often linked to psychosocial patterns playing on consumers’ psychological needs, vulnerabilities and desires, such as social belonging, social anxiety, fear of missing out (encouraged by information being available only temporarily, such as ‘stories’, ‘is typing…’), network effects, the urge to finish tasks in a flow, even if interrupted (endless scrolling, taking a number of seconds to load your newsfeed, flashes of high-relevance content that are immediately hidden as the newsfeed reloads) and loss of self-control; whereas design features can be addictive for different reasons, such as an intermittent variable reward, leading to a dopamine surge, just like the dynamics of slot machines, such as push notifications, or social reciprocity leading to chemical brain reactions, where on the one hand people receive social gratification, such as likes, and on the other hand people feel social pressure to respond to people, such as with read-receipts; whereas children are more vulnerable to those features, especially in earlier developmental stages;

Amendment 38 #

Motion for a resolution
Recital H

H. whereas addictive design features are often linked to psychosocial patterns playing on consumers’ psychological needs, vulnerabilities and desires, such as social belonging, social anxiety, fear of missing out (encouraged by information being available only temporarily, such as ‘stories’, ‘is typing…’), network effects, the urge to finish tasks in a flow, even if interrupted ~~(endless scrolling,~~, for example by removing all ‘stopping cues’ (endless scrolling, autoplay of videos or taking a number of seconds to load your newsfeed) ~~and~~, by setting goals for users and playing into loss of self-control; whereas design features can be addictive for different reasons, such as an intermittent variable reward, leading to a dopamine surge, just like the dynamics of slot machines, such as push notifications, or social reciprocity leading to chemical brain reactions, where on the one hand people receive social gratification, such as likes, and on the other hand people feel social pressure to respond to people, such as with read-receipts;

Amendment 39 #

Motion for a resolution
Recital H

H. whereas addictive design features are often linked to psychosocial patterns playing on consumers’ psychological needs, vulnerabilities and desires, such as social belonging, social anxiety, fear of missing out (encouraged by information being available only temporarily, such as ‘stories’, ‘is typing…’), network effects, the urge to finish tasks in a flow, even if interrupted (endless scrolling, taking a number of seconds to load your newsfeed) and loss of self-control; whereas design features can be addictive for different reasons, such as an intermittent variable reward, leading to a dopamine surge, just like the dynamics of slot machines, such as push notifications, or social reciprocity leading to chemical brain reactions, where on the one hand people receive social gratification, such as likes, and on the other hand people feel social pressure to respond to people, such as with read-receipts; whereas children are more vulnerable to those features, especially in earlier developmental stages;

Amendment 4 #

Motion for a resolution
Citation 10 a (new)

– having regard to Article 24 of the EU Charter of Fundamental Rights and the United Nations Convention on the Rights of the Child as elaborated in the UNCRC General Comment No. 25 as regards the digital environment,

Amendment 40 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital H

H. whereas addictive design features are often linked to psychosocial patterns playing on consumers’ psychological needs, vulnerabilities and desires, such as social belonging, social anxiety, fear of missing out (encouraged by information being available only temporarily, such as ‘stories’, ‘is typing…’), network effects, the urge to finish tasks in a flow, even if interrupted (endless scrolling, taking a number of seconds to load your newsfeed) and loss of self-control; whereas design features can be addictive for different reasons, such as an intermittent variable reward, leading to a dopamine surge, just like the dynamics of slot machines, such as push notifications, or social reciprocity leading to chemical brain reactions, where on the one hand people receive social gratification, such as likes, and on the other hand people feel social pressure to respond to people, such as with read-receipts; whereas children are more vulnerable to those features, especially in earlier developmental stages;

Amendment 41 #

Motion for a resolution
Recital H

H. whereas addictive design features are often linked to psychosocial patterns playing on consumers’ psychological needs, vulnerabilities and desires, such as social belonging, social anxiety, fear of missing out (encouraged by information being available only temporarily, such as ‘stories’, ‘is typing…’), network effects, the urge to finish tasks in a flow, even if interrupted (endless scrolling, ~~taking a number of seconds to load your~~flashes of high-relevance content that are immediately hidden as the newsfeed reloads) and loss of self-control; whereas design features can be addictive for different reasons, such as an intermittent variable reward, leading to a dopamine surge, just like the dynamics of slot machines, such as push notifications, or social reciprocity leading to chemical brain reactions, where on the one hand people receive social gratification, such as likes, and on the other hand people feel social pressure to respond to people, such as with read-receipts;

Amendment 42 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital H a (new)

Ha. whereas modern-day data driven services place the consumer in a weaker position creating power imbalances and digital asymmetry resulting in a universal state of digital vulnerability that results from internal and external factors beyond the control of the consumer; whereas consumers are constantly facing AI that can easily detect and exploit their vulnerabilities and services regularly changing their choice architectures to maximise conversion rates and engagement; whereas this demonstrates that vulnerability must not be restricted to 'traditionally protected' groups but must include all consumers;

Amendment 43 #

Motion for a resolution
Recital H a (new)

Ha. whereas the described features above are combined with granular personalisation to influence users on an individual level, thus increasing the behavioural patterns and risks identified;

Amendment 44 #

Motion for a resolution
Recital I

I. whereas addictive practices have been empirically studied and ~~widely documented and~~ include design features such as ‘infinite scroll’, ‘pull-to-refresh’ page reload, ‘never ending auto-play’ video features, ~~personalised recommendations,~~ ‘recapture notifications’, meaning notifications to regain users’ attention after leaving a service or app, ‘playing by appointment’ at certain moments during the day, design leading to ‘time fog’ causing a diluted perception of time or ‘fake social notifications’ creating the illusion of updates within the user’s social circle online, whereas such features are often to be found in conjunction with personalised elements and manipulate consumers into spending more time on these platforms; whereas other persuasive design features are elements are the ‘like-button’, ‘read- receipt functions’, ‘is typing’ displays, but also the number of followers collected on a platform, the colours platforms use, interaction-based recommendations and personalisation of content, push notifications and time restrictions of content, such as temporarily available stories;

Amendment 45 #

Motion for a resolution
Recital I

I.whereas social media is evolving at lightning speed and more and continuous research is needed into the impact of social media on society and the health of users, especially minors; whereas addictive practices have been empirically studied and widely documented and include design features such as ‘infinite scroll’, ‘pull-to-refresh’ page reload, ‘never ending auto-play’ video features, personalised recommendations, ‘recapture notifications’, meaning notifications to regain users’ attention after leaving a service or app, ‘playing by appointment’ at certain moments during the day, design leading to ‘time fog’ causing a diluted perception of time or ‘fake social notifications’ creating the illusion of updates within the user’s social circle online, whereas such features are often to be found in conjunction with personalised elements and manipulate consumers into spending more time on these platforms; whereas other persuasive design features are elements ~~are~~such as the ‘like-button’, ‘read- receipt functions’, ‘is typing’ displays, but also the number of followers collected on a platform, the colours platforms use, interaction-based recommendations and personalisation of content, push notifications and time restrictions of content, such as temporarily available stories; whereas social media is evolving at lightning speed and more and continuous research is needed into the impact of social media on society and the health of users, especially minors;

Amendment 46 #

Motion for a resolution
Recital I

I. whereas addictive practices have been empirically studied and widely documented and include design features such as ‘infinite scroll’, ‘pull-to-refresh’ page reload, ‘never ending auto-play’ video features, personalised recommendations, ‘recapture notifications’, meaning notifications to regain users’ attention after leaving a service or app, ‘playing by appointment’ at certain moments during the day, design leading to ‘time fog’ causing a diluted perception of time or ‘fake social notifications’ creating the illusion of updates within the user’s social circle online, whereas such features are often to be found in conjunction with personalised elements and manipulate consumers into spending more time on these platforms; whereas other persuasive design features are elements are the ‘like-button’, ‘read- receipt functions’, ‘is typing’ displays, but also the number of followers collected on a platform, the colours platforms use, ~~interaction-based recommendations and personalisation of content,~~ push notifications and time restrictions of content, such as temporarily available stories;

Amendment 47 #

Motion for a resolution
Recital I

I. whereas addictive practices have been empirically studied and widely documented and include design features such as ‘infinite scroll’, ‘pull-to-refresh’ page reload, ‘never ending auto-play’ video features, personalised recommendations, ‘recapture notifications’, meaning notifications to regain users’ attention after leaving a service or app, ‘playing by appointment’ at certain moments during the day, design leading to ‘time fog’ causing a diluted perception of time or ‘fake social notifications’ creating the illusion of updates within the user’s social circle online, whereas such features are often to be found in conjunction with personalised elements and manipulate consumers into spending more time on these platforms; whereas other persuasive design features are elements ~~are~~such as the ‘like-button’, ‘read- receipt functions’, ‘is typing’ displays, but also the number of followers collected on a platform, the colours platforms use, interaction-based recommendations and personalisation of content, push notifications and time restrictions of content, such as temporarily available stories;

Amendment 48 #

Motion for a resolution
Recital J

Amendment 49 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital J

J. whereas recommender systems, which are based both on personalisation and on interaction such as clicks and likes, represent an important persuasive, addictive or behavioural design feature; whereas such recommender systems are solely aimed at keeping users on the platform and cause harm both to them and society at large; whereas the Digital Services Act (Regulation (EU) 2022/2065), applicable as of 17 February 2024, has introduced important transparency obligations regarding recommendation systems used by online platforms that also enable users to make more conscious choices in their use of online services; whereas the AI Regulation currently on the negotiating table may provide a further opportunity to regulate manipulative social-media practices through algorithms; whereas legislative consistency must always be ensured;

Amendment 5 #

Motion for a resolution
Citation 13 a (new)

Amendment 50 #

Motion for a resolution
Recital J

Amendment 51 #

Motion for a resolution
Recital J a (new)

Ja. whereas many tech companies use experimental dashboards to base their design decisions on; whereas such real- life experiments are made directly on consumers without their knowledge or consent; whereas it is unclear to what extent such experiments are subject to safety measures due to the lack of transparency in their deployment;

Amendment 52 #

Motion for a resolution
Recital K

K. whereas the addictive design features outlined above cannot be solved simply by imposing time-limits on online services, as this approach shifts the burden onto the individual instead of addressing the core issue of the intentionally addictive design of online services for profit; whereas ~~none of the ‘solutions’ platforms have implemented~~it is nevertheless crucial to focus on media literacy, awareness and self- regulation; whereas not all social media can be lumped together and initiatives do exist to varying degrees within the industry to work towards a more ethical design; whereas, however, these initiatives have not led to a serious change ~~or decrease in usa~~in usage of certain very large of online ~~service~~platforms; whereas teenagers do not readily accept parental regulation of their social media use and often find it easy to bypass any technical constraints imposed; whereas thorough policies are needed to protect minors from addictive behavioral design on social media, in which context thought needs to be given to introducing an obligation for internet service providers and manufacturers of Internet-enabled devices to provide user-friendly parental controls, more conclusive monitoring systems as well as a general digital platform which parents and educators can consult for information about the dangers of excessive internet use and how to communicate about the issue with children and young people;

Amendment 53 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital K

Amendment 54 #

Motion for a resolution
Recital K

Amendment 55 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital K

Amendment 56 #

Motion for a resolution
Recital K a (new)

Ka. whereas the use of persuasive design strategies is linked to the prevalence of digital addiction and Very Large Online Platforms (VLOPs) often rely on persuasive design strategies to influence users and maximise the time they spend on the platform; whereas despite recent advances in European regulation of the digital sphere, existing legislation does not sufficiently address persuasive and addictive design practices.

Amendment 57 #

Motion for a resolution
Recital L

L. whereas the Digital Services Act (DSA) introduces provisions against the use of ‘dark patterns’ but these are limited to choice architecture and influences choices and do not address behavioural design that is addictive per se, moreover they are limited in scope as they only apply to online platforms, not to all online services; whereas the Digital Services Act also introduced important transparency obligations regarding recommendation systems used by online platforms that also enable users to make more conscious choices when using online platforms; whereas the AI Act4 seeks to ban AI systems that deploy subliminal features but is limited to systems that ‘are purposefully manipulative or deploy deceptive techniques’; whereas this AI Regulation currently on the negotiating table may provide a further opportunity to regulate manipulative social-media practices through algorithms; whereas legislative consistency must always be ensured; _________________ 4 Proposal for a regulation laying down harmonised rules on artificial intelligence (artificial intelligence act) (COM(2021)0206).

Amendment 58 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital L

Amendment 59 #

Motion for a resolution
Recital L

L. whereas the Digital Services Act (DSA) introduces provisions against the use of ‘dark patterns’ but these are limited to choice architecture and influences choices and do not address behavioural design that is addictive per se, moreover ~~they are limited in~~while these provisions only apply to cases not covered by the General Data Protection Regulation and the Unfair Commercial Practices Directive, they are also limited scope as they only apply to online platforms, not to all online services; whereas the AI Act4 seeks to ban AI systems that deploy subliminal features but is limited to systems that ‘are purposefully manipulative or deploy deceptive techniques’; _________________ 4 Proposal for a regulation laying down harmonised rules on artificial intelligence (artificial intelligence act) (COM(2021)0206).

Amendment 6 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital A

A. whereas in today’s attention-based economy, technology companies use design and system functionalities to take advantage of users’ and consumers' vulnerabilities in order to capture their attention and increase the amount of time they spend on digital platforms; whereas many digital services, such as online games, social media, streaming services for films, series or music, online marketplaces or web shops and dating apps are designed to keep users on the platform for as long as possible so as to maximise the data collected and the time and money they spend there; whereas consequently many online services are designed to be as addictive as possible; whereas the terms ‘manipulative design’, ‘addictive design’ or ‘behavioural design’ of online services describe features that lead to behaviour- related risks and harms, including forms of digital addiction, such as, ‘excessive or harmful internet use’, ‘smartphone addiction’, ‘technological or internet addiction’, ‘social media addiction’; whereas there is a growing consensus among academics that phenomena, such as ‘social media addiction’ exist;

Amendment 60 #

Motion for a resolution
Recital L

L. whereas the Digital Services Act (DSA) introduces provisions against the use of ‘dark patterns’ but these are limited to choice architecture and influences choices and do not address behavioural design that is addictive per se, moreover they are limited in scope as they only apply to online platforms, not to all online services, while these provisions only apply to cases not covered by the General Data Protection Regulation and the Unfair Commercial Practices Directive; whereas the AI Act4 seeks to ban AI systems that deploy subliminal features but is limited to systems that ‘are purposefully manipulative or deploy deceptive techniques’; _________________ 4 Proposal for a regulation laying down harmonised rules on artificial intelligence (artificial intelligence act) (COM(2021)0206).

Amendment 61 #

Motion for a resolution
Recital L

Amendment 62 #

Motion for a resolution
Recital L

L. whereas the Digital Services Act (DSA) already introduces provisions against the use of ‘dark patterns’; but these are limited to choice architecture and influences choices and do not address behavioural design that is addictive per se, moreover they are limited in scope as they only apply to online platforms, not to all online services; whereas the AI Act4 seeks to ban AI systems that deploy subliminal features but is limited to systems that ‘are purposefully manipulative or deploy deceptive techniques’; _________________ 4 Proposal for a regulation laying down harmonised rules on artificial intelligence (artificial intelligence act) (COM(2021)0206).; whereas soon to be finalised AI Act horizontal legislation, as well as sectoral legislation, should be given the necessary time to make an impact and be evaluated in order to identify and address potential gaps in existing frameworks;

Amendment 63 #

Motion for a resolution
Recital L a (new)

La. whereas discussions are taking place in the context of ongoing non- legislative initiatives such as EU Code of Conduct on age-appropriate design (as part of the 2022 European strategy for a better internet for kids (BIK+)), the European Commission’s approach to mental health, the Digital Education Action Plan (DEAP) 2021- 2027; whereas companies are already proactively working to better understand and address the potential effects of misuse of their digital services on human health and will continue to do so particularly in view of their compliance with the Digital Services Act which includes relevant measures such as systemic risk mitigation; whereas existing industry-led best practices should be considered and assessed in terms of their effectiveness as well as built upon;

Amendment 64 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital L a (new)

La. whereas it is crucial to have a broad and open debate on desirable policy options with regard to the addictive design of online services, involving all stakeholders, including policy makers, academics and researchers from a wide range of disciplines, industry and both adult and youth users;

Amendment 65 #

Motion for a resolution
Recital L a (new)

La. whereas the Digital Services Act (DSA) foresees more transparency for the main parameters of recommender systems, including the ability to modify or select the parameters of recommender systems; whereas Digital Services Act (DSA) introduces an obligation for Very Large Online Platforms (VLOPs) to provide users with at least one option of their recommender systems that is not based on profiling;

Amendment 66 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital L b (new)

Lb. whereas the Digital Services Act (DSA) introduces an obligation for online platforms used by platforms to take appropriate and proportionate measures to protect minors, for example by designing their online interfaces or parts thereof with the highest level of privacy, safety and security for minors by default where appropriate or adopting standards for protection of minors, or participating in codes of conduct for protecting minors; whereas online platforms should not present advertisements on their interface based on profiling as defined in Article 4, point (4), of Regulation (EU) 2016/679 using personal data of the recipient of the service when they are aware with reasonable certainty that the recipient of the service is a minor;

Amendment 67 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital L c (new)

Lc. whereas Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) have an obligation to conduct risk assessments under the Digital Services Act (DSA); whereas Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) should analyse how minors can be exposed through their service to content that may impair their health, physical, mental or moral development, taking into account risks that may arise, for example, in relation to the design of online interfaces which intentionally, or unintentionally exploit the weaknesses and inexperience of minors or which may cause addictive behaviour; whereas in the context of the broader concerns about the protection of children in the digital environment, there is a clear need to assess the aspects related to the commercial exploitation and the effects of commercial practices on children and young consumers;

Amendment 68 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph -1 (new)

-1. Welcomes the European Commission's 'digital fairness' fitness check of consumer law, as a unique opportunity to pave the way for a new generation of consumer protection legislation that will reverse the negative trends, which have been weakening consumers’ position and reducing consumers’ rights in a world dominated by digital technologies; to this end, calls on the European Commission for its fitness check to review the concepts and definitions in consumer law such as definition of “consumer”, “vulnerable consumer” and “trader” in order to protect consumers from harms and respond to the challenges brought about by the age of data;

Amendment 69 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph -1 a (new)

-1a. Believes that digital addiction and persuasive technologies are problems that require a comprehensive regulatory response from the EU, with a series of supportive policy initiatives, to meaningfully address digital addiction and empower citizens with the ability to determine how they use digital service and products to further their own goals and be protected against new forms of addiction and problematic uses of the internet;

Amendment 7 #

Motion for a resolution
Recital A

A. whereas many digital services, such as online games, social media, streaming services for films, series or music, online marketplaces or web shops ~~and dating apps~~ are designed to keep users on the platform for as long as possible so as to maximise the time and money they spend there; maximise activity, engagement, content production and data sharing; whereas this applies in specific to data monetizing services; whereas consequently many online services are designed to ~~be as addictive as~~ offer an optimal user experience which leads to a resposnsibleility to prevent harmful behavioural patterns; whereas the terms ‘addictive design’, ‘manipulative design’ or ‘behavioural design’ of online services describe features that lead to behaviour-related forms of digital addiction, such as, ‘excessive or harmful internet use’, ‘smartphone addiction’, ‘technological or internet addiction’, ‘social media addiction’; whereas ~~there is a growing consensus among~~research from academics show that phenomena, such as ‘social media addiction’ exist; ; whereas further research is needed to better understand the underlying issues, impact of online services and potential solution;

Amendment 70 #

Motion for a resolution
Paragraph 1

1. Is alarmed that certain platforms and other tech companies exploit psychological vulnerabilities to design digital interfaces for commercial interests that maximise the frequency and duration of user visits, so as to prolong the use of online services and to create engagement with the platform; stresses that addictive design can cause psychological, physical and material harm to consumers; calls on the Commission to ~~urgen~~examine and, where necessary, adequately and promptly close existing regulatory gaps with regard to consumer vulnerabilities, dark patterns and addictive features of digital services;

Amendment 71 #

Motion for a resolution
Paragraph 1

1. Is alarmed that platforms and other tech companies exploit psychological vulnerabilities to design digital interfaces for commercial interests that maximise the frequency and duration of user visits, so as to prolong the use of online services and to create engagement with the platform; stresses that addictive design can cause ~~psychological and~~harm to physical and psychological health as well as material harm to consumers; calls on the Commission to urgently close existing regulatory gaps with regard to consumer vulnerabilities, dark patterns and addictive features of digital services;

Amendment 72 #

1. Is alarmed that platforms and other tech companies exploit psychological vulnerabilities to design digital interfaces for commercial interests that maximise the frequency and duration of user visits, so as to prolong the use of online services and to create engagement with the platform; stresses that addictive design can cause psychological and material harm to consumers; calls on the Commission to ~~urgently close~~assess if there are any existing regulatory gaps with regard to consumer vulnerabilities, dark patterns and addictive features of digital services;

Amendment 73 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph 1

1. Is alarmed that platforms and other tech companies exploit psychological vulnerabilities to design digital interfaces for commercial interests that maximise the frequency and duration of user visits, so as to prolong the use of online services and to create engagement with the platform; stresses that addictive design can cause psychological and material harm to consumers; calls ~~on the Commission~~ to urgently close existing regulatory gaps with regard to consumer vulnerabilities, dark patterns and addictive features of digital services;

Amendment 74 #

Motion for a resolution
Paragraph 2

2. Stresses that despite its legislative efforts in the digital field, such as the Digital Services Act (DSA) or the AI Act, the issue of addictive design is not sufficiently covered in existing EU legislation, and if unaddressed could lead to further deterioration in the area of public health, especially affecting minors; considers that if the topic gets further delayed, Parliament should use its right of legislative initiative; calls on the Commission to ensure robust enforcement of all existing legislation on the matter with the highest possible degree of transparency, notably the General Data Protection Regulation (GDPR) and the Digital Services Act (DSA);

Amendment 75 #

Motion for a resolution
Paragraph 2

2. Stresses that despite its legislative efforts in the digital field, such as the DSA or the AI Act, the issue of addictive design is not sufficiently covered in existing EU legislation, and if unaddressed could lead to fure strong EU legal framework in this area, such as the Digital Services Act (DSA) or the AI Act; recalls, that article 25 of the Digital Services Act (DSA) prohibits the providers of online platforms to design, organise or operate their ~~deterioration in~~online interfaces in a way that deceives or manipulates the are~~a of public health, especially affecting minors; considers that if the topic gets fur~~cipients of their service or in a way that otherwise materially distorts or impairs the ability of the recipients of their ~~delayed, Parliament should use its right of legislative initiative;~~ service to make free and informed decisions; calls on the Commission to adopt the respective guidelines;

Amendment 76 #

Motion for a resolution
Paragraph 2

2. Stresses that despite ~~its~~the legislative efforts in the digital field, such as the DSA or the AI Act, it needs to be ascertained whether the issue of addictive design is ~~not~~ sufficiently ~~cover~~addressed in existing and pending EU legislation~~, and if unaddressed could lead to further deterioration~~; considers that in the a~~rea~~bsence of pubolic ~~health, especially affecting minors; considers that if the topic gets further delayed, Parliament should use its right of legislative initiative~~y initiatives in this regard, Parliament should take the lead;

Amendment 77 #

Motion for a resolution
Paragraph 2

2. ~~Stre~~Calls on the Commission to assess ~~that~~whether despite its legislative efforts in the digital field, such as the DSAigital Services Act (DSA) or the AI Act, the issue of addictive design is ~~not~~ sufficiently covered in existing EU legislation, and if unaddressed could lead to further deterioration in the area of public health, especially affecting minors; ~~considers that if the topic gets further delayed, Parliament should use its right of legislative initiative;~~

Amendment 78 #

Motion for a resolution
Paragraph 2 a (new)

2a. Underlines that Article 27 of the Digital Services Act (DSA) already obliges providers of online platforms that use recommender systems to set out in their terms and conditions, in plain and intelligible language, the main parameters used in their recommender systems, as well as any options for the recipients of the service to modify or influence those main parameters; Further recalls that article 38 of Digital Services Act (DSA) imposes on providers of very large online platforms and of very large online search engines that use recommender systems shall provide at least one option for each of their recommender systems which is not based on profiling;

Amendment 79 #

Motion for a resolution
Paragraph 2 b (new)

2b. Recalls that Article 28 of the Digital Services Act (DSA) obliges providers of online platforms accessible to minors to put in place appropriate and proportionate measures to ensure a high level of privacy, safety, and security of minors, on their service; recalls that under Article 35 of the Digital Services Act (DSA), very large online providers are obliged to adopt concrete measures to protect minors; calls on the Commission to adopt the respective guidelines and stresses the importance of the announced Code of conduct on age-appropriate design in the framework of the Better Internet for Kids Strategy;

Amendment 8 #

Motion for a resolution
Recital A

A. whereas many digital services, such as online games, social media, streaming services for films, series or music, online marketplaces or web shops and dating apps are designed to keep users on the platform for as long as possible so as to maximise the time and money they spend there; whereas consequently many online services are designed to retain users’ attention or to be as addictive as possible; whereas the terms ‘addictive design’ or ‘behavioural design’ of online services describe features that lead to behaviour- related forms of digital addiction, such as, ‘excessive or harmful internet use’, ‘smartphone addiction’, ‘technological or internet addiction’, ‘social media addiction’; whereas there is a growing consensus among academics that phenomena, such as ‘social media addiction’ exist; whereas we must look into the attention retaining or addictive features that incite that behaviour, not the media or devices as such, which can perfectly work without attention retaining or addictive features;

Amendment 80 #

Motion for a resolution
Paragraph 3

3. Calls on the Commission to present legislation against addictive design and to ensure a robust enforcement of all existing legislation on the matter, notably the General Data Protection Regulation (GDPR) and the Digital Services Act (DSA), with the highest possible degree of transparency; urges the Commission in its review of the Unfair Commercial Practices Directive5 (UCPD), the Consumer Rights Directive6 and Unfair Contract Terms Directive7 (Fitness cCheck) to pay particular attention to and tackle the growing issues around the addictive, behavioural and manipulative design of online services; _________________ 5 Directive 2005/29/EC of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (OJ L 149, 11.6.2005, p. 22). 6 Directive 2011/83/EU of 25 October 2011 on consumer rights (OJ L 304, 22.11.2011, p. 64). 7 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29)., and to ensure an effective and coherent enforcement of consumer law with special consideration of vulnerable groups such as children, notably through the reversal of the burden of proof on traders to demonstrate compliance in cases of suspected breach of children’s rights;

Amendment 81 #

Motion for a resolution
Paragraph 3

3. Calls on the Commission to ~~present~~ensure a strong and transparent enforcement of applicable legislation, notably the General Data Protection Regulation (GDPR) and the Digital Services Act (DSA); calls on the Commission to consider presenting legislation against addictive design if needed; urges the Commission in its review of the Unfair Commercial Practices Directive5 (UCPD), Consumer Rights Directive6 and Unfair Contract Terms Directive7 (Fitness check) to pay particular attention to and tackle the growing issues around the addictive and manipulative design of online services; calls on the Commission to facilitate a meaningful dialogue between all relevant stakeholders; underlines the need to provide suitable fora and sufficient time for this dialogue; _________________ 5 Directive 2005/29/EC of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (OJ L 149, 11.6.2005, p. 22). 6 Directive 2011/83/EU of 25 October 2011 on consumer rights (OJ L 304, 22.11.2011, p. 64). 7 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).

Amendment 82 #

Motion for a resolution
Paragraph 3

3. Calls on the Commission to ~~present legislation against addictive design~~examine whether and what policy initiatives are necessary and appropriate to address addictive design of online services; urges the Commission in its review of the Unfair Commercial Practices Directive5 (UCPD), Consumer Rights Directive6 and Unfair Contract Terms Directive7 (Fitness check) to pay particular attention to and tackle the growing issues around the addictive and manipulative design of online services; calls for this to be done while ensuring legislative consistency; _________________ 5 Directive 2005/29/EC of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (OJ L 149, 11.6.2005, p. 22). 6 Directive 2011/83/EU of 25 October 2011 on consumer rights (OJ L 304, 22.11.2011, p. 64). 7 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).

Amendment 83 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

3. ~~Calls on~~Welcomes the Commission ~~to present legislation against addictive design; urges the Commission in its review of~~initiative to assess whether action is needed to ensure an equal level of fairness online and offline; stresses that the Commission shall determine whether the Unfair Commercial Practices Directive5 (UCPD), Consumer Rights Directive6 and Unfair Contract Terms Directive7 ~~(Fitness check) to pay particular attention to and~~ensure a high level of protection in the digital environment, in particular whether they tackle the growing issues around the addictive and manipulative design of online services; _________________ 5 Directive 2005/29/EC of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (OJ L 149, 11.6.2005, p. 22). 6 Directive 2011/83/EU of 25 October 2011 on consumer rights (OJ L 304, 22.11.2011, p. 64). 7 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).

Amendment 84 #

Motion for a resolution
Paragraph 3

3. Calls on the Commission to present legislation against addictive design; urges the Commission in its review of the Unfair Commercial Practices Directive5 (UCPD), Consumer Rights Directive6 and Unfair Contract Terms Directive7 (Fitness check) to pay particular attention to and tackle the growing issues around the addictive, behavioural and manipulative design of online services; _________________ 5 Directive 2005/29/EC of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (OJ L 149, 11.6.2005, p. 22). 6 Directive 2011/83/EU of 25 October 2011 on consumer rights (OJ L 304, 22.11.2011, p. 64). 7 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).

Amendment 85 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph 3 a (new)

3a. Is of the opinion that the Unfair Commercial Practices Directive (UCPD) should integrate the concept of digital asymmetry and recognise that consumer digital vulnerability is the universal state of susceptibility and ensure that the definition of 'transactional decision' in the UCPD includes transactions where the behaviour of the consumer is connected to the revenue-earning model of the trader to captures services which monetise the attention and engagement of consumers, where the consumer pays the trader by spending their time and interacting with the service;

Amendment 86 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph 3 b (new)

3b. Reiterates that horizontal consumer law must respond to the fact that digital asymmetry also affects enforcers and to this end strengthening the institutional pillars of cross-border consumer law enforcement focusing on the review and improvements to the regime governed by the Consumer Protection Cooperation Regulation is needed;

Amendment 87 #

Motion for a resolution
Paragraph 4

4. Recalls that the Commission behavioural study on unfair commercial practices in the digital environment has found that transparency provisions against dark patterns and manipulative personalisation practices both for average and vulnerable consumers are insufficient to counter the negative consequences; ~~calls on the Commission to prohibit the most harmful practices, which are not yet blacklisted in Annex I of the UCPD or other EU legislation, and to impose a fair/neutral design obligation on traders;~~

Amendment 88 #

Motion for a resolution
Paragraph 4

4. Recalls that the Commission study on unfair commercial practices in the digital environment has found that transparency provisions against dark patterns and manipulative personalisation practices both for average and vulnerable consumers are insufficient to counter the negative consequences; calls on the Commission to prohibit the most harmful practices, which are not yet blacklisted in Annex I of the UCPD or other EU legislation~~, and to impose a fair/neutral design obligation on traders~~;

Amendment 89 #

Motion for a resolution
Paragraph 4

4. Recalls that the Commission study on unfair commercial practices in the digital environment has found that transparency provisions against dark patterns and manipulative personalisation practices both for average and vulnerable consumers are insufficient to counter the negative consequences; calls on the Commission to ~~prohibit~~ examine whether most harmful practices~~, which are~~ not yet blacklisted in Annex I of the UCPD or other EU legislation exist, and to ~~impose a fair/neutral design obligation on traders~~ascertain whether these practices need to be prohibited;

Amendment 9 #

Motion for a resolution
Recital A

A. whereas many digital services, such as online games, social media, streaming services for films, series or music, online marketplaces or web shops and dating apps are designed to keep users on the platform for as long as possible, maximise their activity, network development or content production, so as to maximise the time and money they spend there and the data collected; whereas consequently many online services are designed to be as addictive as possible; whereas the terms ‘manipulative design’, ‘addictive design’ or ‘behavioural design’ of online services describe features that lead to behaviour- related risks and harms, including forms of digital addiction, such as, ‘excessive or harmful internet use’, ‘smartphone addiction’, ‘technological or internet addiction’, ‘social media addiction’; whereas there is a growing consensus among academics that phenomena, such as ‘social media addiction’ exist;

Amendment 90 #

Motion for a resolution
Paragraph 4

4. Recalls that the Commission study on unfair commercial practices in the digital environment has found that transparency provisions against dark patterns and manipulative personalisation practices both for average and vulnerable consumers are insufficient to counter the negative consequences; calls on the Commission to prohibit ~~the most~~all harmful practices, which are not yet blacklisted in Annex I of the UCPD or other EU legislation, and to impose a fair/neutral design obligation on traders;

Amendment 91 #

Motion for a resolution
Paragraph 4 a (new)

4a. Urges the Commission to impose a fair/neutral design obligation on traders; stresses that a fair design obligation should be a duty of care for online service providers to ensure their design is not addictive, laying the burden of proof on online services providers; notes that sharing the outcomes of online services providers’ experimentation dashboards and the consequent effects on the users on their platforms with authorities and consumers is instrumental in proving the effects of design features, including that the design feature is not addictive; calls on the Commission to examine and review regulative action with regards to experimentation with consumers in this regard; calls for a right for consumers to contest new design features if consumers feel these design features are addictive and thus unfair;

Amendment 92 #

Motion for a resolution
Paragraph 4 a (new)

4a. Recalls that several dark patterns and manipulative practices are already prohibited in all Member States through the blacklist Annex I of the Unfair Commercial Practices Directive (UCPD); in addition, the principle-based Articles 5 to 9 of the UCPD concerning professional diligence, misleading omissions and actions, and aggressive practices provide a basis for assessing the fairness of most business-to-consumer practices; considers that any further remedies should de developed in close cooperation with businesses, including SMEs, users, academia, civil society, regulators, policymakers, and healthcare professionals;

Amendment 93 #

Motion for a resolution
Paragraph 5

5. Recalls that the Commission assessment on taxonomies of dark patterns clarifies that certain addictive design features are not taken into account in the current legislation, including the infinite scroll and the default auto play function present in services such as YouTube, Netflix, and Spotify; stresses that other addictive design features such as interaction-based recommender systems, constant push notifications or read receipt notifications are not covered by existing legislation either; welcomes the fact that the Digital Services Act requires online platforms to be transparent about the key parameters used in their recommendation systems and, where different options are available for recommendation systems that determine the order of information displayed, also to provide a function that allows users to select and change their preferred option at any time; recalls that the Commission in its Guidance on the interpretation of the Unfair Commercial Practices Directive expressed concern over uncertainty regarding the rules applicable to addictive interface designs;

Amendment 94 #

Motion for a resolution
Paragraph 5

5. Recalls that the Commission assessment on ~~taxonomies of~~ dark patterns clarifies that certain addictive design features are not taken into account in the current legislation, including the infinite scroll and the default auto play function present in services such as YouTube, Netflix, and Spotify; stresses that other addictive design features such as interaction-based recommender systems, constant push notifications or read receipt notifications are not covered by existing legislation either; recalls that the Commission in its Guidance on the interpretation of the Unfair Commercial Practices Directive expressed concern over uncertainty regarding the rules applicable to addictive interface design; underlines the Unfair Commercial Practices Directive (UCDP) guidance in this regard and stresses the importance to keep it updated in view of technological developments;

Amendment 95 #

Motion for a resolution
Paragraph 5

5. Recalls that the Commission assessment on taxonomies of dark patterns ~~clarifi~~notes that certain addictive design features ~~are~~may not be taken into account in the current legislation, including the infinite scroll and the default auto play function present in services such as YouTube, Netflix, and Spotify; stresses that other addictive design features such as interaction-based recommender systems, constant push notifications or read receipt notifications are not covered by existing legislation either; recalls that the ~~Commission in its Guidance~~re remains legal uncertainty on the interpretation of the Unfair Commercial Practices Directive ~~expressed concern over uncertainty~~ regarding the rules applicable to addictive interface designs; calls on the Commission to prohibit addictive techniques outside a commercial or privacy sphere in which the Unfair Commercial Practices Directive (UCPD) and General Data Protection Regulation (GDPR) are not applicable;

Amendment 96 #

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph 5

Amendment 97 #

Motion for a resolution
Paragraph 6

6. Demands that a revision of the Unfair Commercial Practices Directive should take into account consumers’ susceptibility to the exploitation of the unequal power in the trader-consumer relationship resulting from internal and external factors beyond the consumer’s control; stresses that the autonomy of consumers should not be undermined by traders’ commercial practices, in particular the design and operation of the interface, to this end is of the opinion that Unfair Commercial Practices Directive (UCPD) should also mandate the reversal of the burden of proof placed on the trader to demonstrate compliance in cases of power asymmetries and a duty of care on the part of the trader to ensure a high level of consumer protection and a horizontal principle of fairness by design of digital products and services;

Amendment 98 #

Motion for a resolution
Paragraph 6

Amendment 99 #