French Constitutional Council blocks social media ban for under-15s, citing freedom of expression
France's Constitutional Council ruled on August 14 that the planned ban on social media for minors under 15, set to take effect September 1, violates freedom of expression, dealing a setback to President Macron's flagship end-of-term reform.
Constitutional Council strikes down ban
France's Constitutional Council rejected on Friday, August 14, the law that would have banned social media use for minors under 15, ruling that the measure constituted a "disproportionate violation" of their freedom of expression. The law, approved by Parliament in late July, was set to take effect on September 1. The Council found that the restriction "is not appropriate, necessary, nor proportionate" to the goal of protecting minors, and that the broad ban could extend to online communication services "whose risks to the health and safety of minors are not established."
The Council acknowledged the "constitutional requirement to protect the best interests of the child" but ruled that the legislation lacked sufficient definition. The court also noted that the law's exceptions for online encyclopedias and educational or scientific sites remained too "limited." Additionally, the text offered no "legal guarantees" to protect user privacy, as it would require everyone, including adults, to "present a document proving their age" to access social media.
These provisions, which deprive minors of the freedom to access certain public online communication services, infringe freedom of expression and communication.
- Australia initiates social media ban for under-16s
- French Parliament approves law banning social media for under-15s
- Constitutional Council rejects the law as a disproportionate violation of free expression
- Law was set to take effect, now blocked by Council ruling
- Macron's target for passing a rewritten version of the reform
Scope of the blocked law
The legislation would have barred under-15s from creating new accounts on platforms including Instagram, WhatsApp, Facebook, Snapchat, X, YouTube, and TikTok starting in September, with a total ban on existing profiles set for January. It also covered social features of popular sites like YouTube, messaging apps such as WhatsApp and Messenger, and certain online video games. The law additionally included a ban on mobile phones in French high schools (lycées) starting September 1, though the Council did not rule on that provision. The Constitutional Council had been consulted at the end of July by socialist and radical left deputies regarding Article 1 of the law.
Macron's response
President Emmanuel Macron tasked Prime Minister Sébastien Lecornu with drafting a "legally sound" rewrite of the text "as soon as possible," taking into account the Council's decision and the European framework. The presidency stated that Macron's commitment to passing the reform "by spring 2027 remains total." Macron has promoted the initiative among EU and G7 leaders since first raising the issue in 2017, citing "scientifically documented" harmful effects of social media on minors, including anxiety, depression, sleep disorders, and online harassment.
International context
France was the first major European nation to approve such a law, following Australia's ban initiated in December 2025 for under-16s. A preliminary assessment of Australia's ban revealed that it has had little impact on teen usage so far. Over 30 states worldwide have considered similar restrictions in the coming months, and the European Commission is working on harmonizing such provisions across the EU. The EU has also presented an application to confirm users' age online to help coordinate verification requirements. Countries including Germany, Greece, Portugal, Denmark, Poland, Austria, Ireland, the Netherlands, the United Kingdom, and Canada have expressed interest in similar measures. Critics argue that forcing tech companies to verify users' age is impractical and violates privacy.
