France’s Constitutional Council on Friday, August 14 struck down a law that would have banned social media access for children under 15, ruling that the legislation infringed on freedom of expression and communication for minors.
The council found that Article 1 of the law constituted an infringement that was neither appropriate, necessary, nor proportionate to the rights of under-15s. The ruling also raised concerns over the law’s age-verification requirements, stating it failed to establish necessary legal safeguards and posed risks to privacy.
The ban, championed by President Emmanuel Macron, was set to take effect in stages starting September 1. It would have prohibited children under 15 from opening new social media accounts, with existing accounts required to comply by January 2025. The platforms affected included TikTok, Snapchat, and Instagram.
Government Response
Following the decision, Macron’s office announced that Prime Minister Sébastien Lecornu had been tasked with drafting a new version of the legislation that aligns with the council’s ruling and European regulatory frameworks. The presidency emphasized that Macron remained determined to implement the reform, aiming for passage before his term ends in 2027.
Judicial Rationale
The Constitutional Council’s ruling centered on two key objections:
- Freedom of Expression: The ban was deemed disproportionate, as it restricted minors’ ability to communicate and express themselves online without sufficient justification.
- Privacy and Age Verification: The requirement to provide proof of age for all users raised concerns over data protection and the potential for circumvention, particularly among young people.
Legislative Background
The law was passed by both chambers of the French Parliament in July, making France the first EU country to impose such a blanket restriction. It also included provisions to ban mobile phones in high schools, though the latter was not addressed in the council’s ruling.
Opposition and Concerns
Critics of the law, including privacy advocates and digital rights groups, had previously questioned its viability and enforceability. Key concerns included:
- The efficacy of age-verification tools and the risk of minors bypassing restrictions.
- The speed of implementation, with opponents arguing the law was rushed without adequate safeguards.
- The lack of clarity on how the ban would be enforced across different platforms.
The council’s decision did not address the mobile phone ban, leaving its future uncertain.
International Context
France’s move mirrored broader global efforts to regulate social media use among minors. Australia became the first country to introduce a similar ban in December 2023, while other nations, including the United States, have debated comparable measures. Proponents argue such restrictions are necessary to protect children from mental health risks, online harassment, and exposure to harmful content, while opponents emphasize the importance of digital literacy and parental responsibility.
The council’s ruling leaves the future of the social media ban unresolved, with the government now tasked with revising the legislation to address the identified constitutional and practical concerns.