France’s top court blocks social media ban for under-15s
Constitutional Council Voids France's Under-15 Social Media Prohibition
Ninoda.com – France's highest judicial body has invalidated legislation prohibiting children under fifteen from using social networks, determining that the measure violated fundamental rights to free expression. The decision came after lawmakers approved the proposal in July, positioning France as the pioneering European nation to restrict youth access to digital platforms amid growing worries about psychological wellbeing among young people.
The Constitutional Council's judgment on Friday nullified the prohibition that President Emmanuel Macron had committed to rolling out progressively beginning in September. Within moments of the announcement, the French leader instructed Prime Minister Sébastien Lecornu to develop an updated legislative text incorporating every concern raised by the council.
Legal Grounds for the Rejection
Following parliamentary approval last month, Lecornu submitted portions of the bill to the nine-judge Constitutional Council for constitutional examination. The body concluded that Article 1 of the legislation "constitutes an infringement that is neither appropriate, necessary, nor proportionate" regarding the communication and expression rights belonging to minors under fifteen years of age.
Additionally, the council expressed reservations about the mandatory age-verification mechanism required for accessing digital services, noting the law lacked "the legal safeguards necessary" to protect users adequately.
Government Response and Timeline
According to Macron's office, French authorities will move swiftly to present a revised proposal, with the president remaining committed to enacting the reformed legislation by the beginning of 2027. The initial framework stipulated that starting in September, anyone below fifteen would be unable to create new profiles, while all fresh registrations would require age confirmation. By January, this restriction would extend to every existing account holder.
Critics have consistently challenged the practicality of the measure, highlighting issues surrounding data privacy, the reliability of verification technologies, the likelihood that teenagers would circumvent restrictions, and the rapid pace at which the policy was developed and enacted.
International Developments
Australia pioneered similar restrictions last December by implementing a prohibition for individuals under sixteen, though observers note that numerous Australian youths continue accessing social networks despite the rules. Across Europe, momentum has been building over recent months to limit adolescent internet access.
In May, European Commission President Ursula von der Leyen advocated for a "social media delay" targeting EU children, suggesting comprehensive legislation could emerge within months. Meanwhile, Britain's former Prime Minister Sir Keir Starmer revealed in June that the United Kingdom would prohibit social media for under-sixteens starting January 2027, alongside an optional evening curfew for teenagers aged sixteen and seventeen.
The original legislation had envisaged that from September all those under-15 would not be able to open accounts, and verification would be required on all new accounts.
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