France’s Constitutional Council rejects under-15 social media ban
France’s Constitutional Council has struck down legislation that would have banned children under 15 from accessing social media, finding that the measure disproportionately restricted their freedom of expression and communication. The government is now expected to prepare a revised proposal that complies with the ruling and the EU’s regulatory framework.
France’s Constitutional Council has rejected a law that would have prohibited children under 15 from accessing social media platforms, ruling that the measure placed a disproportionate restriction on freedom of expression and communication.
The Council found that Article 1 of the legislation, which had been supported by President Emmanuel Macron, was neither appropriate, necessary nor proportionate to the objective pursued. The decision prevents the planned ban from entering into force.
Macron had previously welcomed parliamentary approval of the legislation and said it could be implemented by September. Following the ruling, the Élysée Palace said he had asked Prime Minister Sébastien Lecornu to prepare a new version of the legislation.
The revised proposal will need to take into account both the Constitutional Council’s decision and the European regulatory framework. The presidency said Macron remained committed to introducing measures aimed at protecting children online.
The ruling comes as governments in several countries consider restrictions on children’s access to social media amid concerns about the effects of platform design, recommendation systems and online content on younger users.
France’s decision highlights the legal challenges involved in balancing child protection with fundamental rights. Any future measures will need to address online safety while also meeting constitutional and European requirements concerning freedom of expression and communication.
