French Constitutional Council strikes down Macron's social media ban for under-15s
France's Constitutional Council ruled the law a disproportionate interference with freedom of expression, weeks after parliament passed it with broad majority.
Constitutional Council strikes down ban
France's Constitutional Council ruled on Friday, August 14, that the social media ban for under-15s, passed by parliament on July 21, constitutes a "disproportionate interference" with freedom of expression and communication. The Council declared the central Article 1 of the law unconstitutional, citing Article 11 of the Declaration of the Rights of Man and of the Citizen of 1789. The Council recognized the constitutional obligation to protect child welfare and acknowledged that the state wanted to protect the youngest minors from the risks of certain functions of social online networks. However, it found the law too broadly framed, noting it would cover online communication services where risks to minors' health and safety have not been demonstrated. The law would have applied to platforms including TikTok, Instagram, Snapchat, X, YouTube, messengers, and certain online video games.
The Council noted that online services play an important role in democratic participation and the exchange of ideas and opinions. It criticized that the ban did not sufficiently distinguish between the functions and content of individual platforms, nor between the age, maturity, or family situation of affected youth. Guardians could not relax the ban or grant exceptions in individual cases.
Age verification and privacy concerns
The Council also objected to the age verification mechanism. To deny minors access to online services, every user, including adults, would have to identify themselves before use. The legislature had not sufficiently defined the conditions and limits of this verification system, nor provided adequate privacy protections. The necessary legal guarantees for the right to privacy were therefore not ensured.
Political context and challenge
The law was adopted by the National Assembly and Senate in July with broad majority and was one of the most important domestic priorities of President Emmanuel Macron. France was the first EU country to pass such a ban. Left-wing parties La France insoumise (LFI) and the Socialists had challenged the law before the Constitutional Council, arguing it infringed on freedom of expression and privacy. The Council ruled in favor of the plaintiffs on all points, basing its decision on the freedom of expression guaranteed by the French Constitution.
The law was set to take effect on September 1 for newly created accounts and on January 1, 2027 for existing accounts. It also included an expansion of mobile phone bans in schools, on which the Council did not rule.
- Parliament passes social media ban for under-15s with broad majority
- Constitutional Council strikes down the law as unconstitutional
- Original start date for new accounts (now void)
- Original start date for existing accounts (now void)
- Macron targets revised law for implementation
Macron pledges revision
Macron's office announced that he has tasked Prime Minister Sébastien Lecornu with rewriting the bill to withstand constitutional scrutiny, targeting implementation before spring 2027. The revision should take into account the Council's decision and European law. Decisions of the Constitutional Council cannot be appealed.
After the parliament passed the law in July, Macron had declared his country a pioneer in Europe.
France is thereby opening the way in Europe for the protection of our children and young people.
Broader European and global context
Several EU member states, including Spain, Greece, and Austria, are planning similar social media restrictions. Worldwide, Australia, Brazil, Indonesia, and several other countries already have social media bans for children and young people in place. According to France's national health authority, social media use significantly harms the mental health of adolescents.
