4. Applications of existing and upcoming concern
A best interests approach may require
implementation of clear boundaries to prevent
practices that both infringe upon children’s rights
and are contrary to their best interests, including
by curtailing routine and indiscriminate digital
surveillance measures.159
Protecting children’s rights in online spaces and
virtual worlds is a complex and multifaceted
challenge that requires a combination of legal,
technological, educational and parental approaches.
Key strategies should be designed as a shared
responsibility involving governments, technology
companies, parents, children and society as a
whole. It requires a proactive and multidisciplinary
approach to ensure that online spaces remain safe
and enriching environments for children to explore
and learn while protecting their well‑being and
rights.
Neuromarketing and children
The rise of targeted marketing and the negative
impacts such advertising can have on children is
well reported – such as increasing problems such
as obesity, early alcohol consumption or smoking
cigarettes or e‑cigarettes.160
The Special Rapporteur on the right to privacy
estimated that:
The online advertising market for children could
be worth 1.7 billion by 2021, with more than
72 million pieces of data collected for each child
by online advertising companies before the
child reaches the age of 13.161
However, the use of neurotechnologies to collect
neural data which can be sold and used by
companies to advertise to children could one
day allow microtargeted advertising on a scale
and impact not yet seen, with serious effects on
children and young people as their minds and sense
of self develops.
Neuromarketing is a technique which can involve
embedding subliminal stimuli with the intention
of eliciting a desired response (e.g. someone
choosing one product over another) without people
consciously being aware.162
The UN Committee on the Rights of the Child’s
General comment No. 25 (2021) on children’s rights
in relation to the digital environment states:
Practices that rely on neuromarketing, emotional
analytics, immersive advertising and advertising
in virtual and augmented reality environments
to promote products, applications and services
should also be prohibited from engagement
directly or indirectly with children.163
Australian Human Rights Commission
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