The French Constitutional Council today blocked the measure banning the use of social media by children under the age of 15, ruling that it constitutes “a disproportionate violation” of freedom of expression.
In an immediate response from the French presidency, the Élysée announced that French President Emmanuel Macron has tasked Prime Minister Sébastien Lecornu, to “work” on revising the law to address the Constitutional Council’s concerns.
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The Prime Minister should work “as soon as possible” on a draft “taking into account the Constitutional Council’s decision as well as the European framework,” the presidency emphasized, adding that the president’s “determination” to complete this reform “by spring 2027 remains absolute.”
In the spring of 2027, France will hold presidential elections, and Macron cannot run for a third term. This law, as it stands—a long-standing and emblematic presidential commitment before the end of Macron’s presidency— was approved by the French National Assembly but has now been rejected by the Constitutional Council.
In late July, Socialist and far-left members of Parliament appealed to the Constitutional Council regarding Article 1 of the law, which aims to protect minors from social media. Judges of this supreme judicial body ruled that this provision, which prohibits access to social media for individuals under the age of 15, “constitutes a violation that is neither appropriate, nor necessary, nor proportionate” to their freedom of expression and communication.
“By prohibiting minors under the age of 15 from accessing certain online services, the law requires every person, even adults, to prove their age before accessing them,” the Constitutional Council emphasizes in its decision.
“However, by failing to specify the conditions and limits under which such evidence must be provided, the legislature has failed to establish the necessary legal safeguards to ensure compliance with these requirements,” the decision notes. The Council did not rule on the ban on the use of cell phones in high schools effective September 1, which is included in the same legislation.
The French National Assembly approved a ban on access to social media for children under 15, making France the first country in Europe to implement this measure, following Australia, which was the first country in the world to ban access to platforms such as Facebook, TikTok, and YouTube for individuals under the age of 16 last December.
While “the constitutional requirement to protect the best interests of children” is acknowledged, it is noted that this very broad ban “is likely to apply to online communication services for which the risks to the health and safety of minors (…) have not been substantiated.”
The legislation, which was scheduled to take effect on September 1, aimed to exclude younger users from social media platforms (TikTok, Snapchat, X, Instagram, etc.), as well as from features (sharing channels, comments, etc.) on highly popular websites such as YouTube, messaging apps (WhatsApp, Messenger, etc.), and certain online video games. While the law included exceptions, particularly for online encyclopedias and educational or scientific directories, these remain very “limited,” the Constitutional Council notes in its decision.
Many countries have either adopted or announced plans to consider similar bans.
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Source: KYPE
