France’s Constitutional Council Overturns Proposed Social Media Ban for Under‑15s

France’s Constitutional Council has invalidated a proposed ban on social media usage for children under 15, ruling that it violates the right to freedom of expression.

The bill was passed by French legislators in July, marking the first European measure to restrict young people’s access to social platforms, driven by worries about adverse mental‑health impacts on children.

The Council’s decision reverses the ban, which President Emmanuel Macron had announced would be rolled out gradually starting in September.

In response, President Macron instructed Prime Minister Sébastien Lecornu to draft a revised proposal that incorporates the Council’s observations.

Following the lawmakers’ approval of the bill last month, Lecornu referred portions of the proposal to the Council—a nine‑member body that assesses constitutional compatibility—for further review.

The Constitutional Councildetermined that Article 1 of the legislation ‘constitutes an infringement that is neither appropriate, necessary, nor proportionate’ to the freedom of expression and communication of persons under 15.

The ruling also voiced concerns about the requirement for age verification to access online services, noting that it does not provide the necessary legal safeguards.

Macron’s office announced that the government will move swiftly to draft a new proposal and that the president remains committed to enacting the reform by early 2027.

The original bill had scheduled that, starting in September, individuals under 15 would be prohibited from creating accounts, with age verification required for all new registrations, and that this requirement would extend to existing accounts from January.

Opponents have repeatedly questioned the law’s feasibility and raised concerns regarding privacy, the effectiveness of age‑verification mechanisms, the potential for minors to circumvent them, and the speed at which the ban was conceived and implemented.

Australia became the first nation to enact a social‑media ban for users under 16 last December, though it is widely recognized that many Australians still manage to access these platforms.

In recent months, European jurisdictions have increasingly introduced legislation restricting young people’s access to social media.

In May, European Commission President Ursula von der Leyen proposed a “delay” on social‑media use for children across the EU, indicating that new legislation could be introduced within months.

In June, former UK Prime Minister Sir Keir Starmer announced that individuals under 16 in the United Kingdom will be prohibited from using social media starting January 2027, and that an optional midnight curfew will apply to teens aged 16 and 17.

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