French Constitutional Council Strikes Down Under-15 Social Media Ban in Major Legal Blow

PARIS — France’s top constitutional authority has struck down a heavily publicized parliamentary law aimed at banning social media use for children under the age of 15, delivering a sharp setback to President Emmanuel Macron's administration.

The Constitutional Council ruled that the key provisions of the legislation constituted a "disproportionate infringement" on the freedom of expression and communication. 

While the court acknowledged the state's legitimate objective to shield minors from the documented mental health risks, cyberbullying, and digital addiction linked to major platforms, it concluded that the blanket ban failed to establish necessary legal safeguards.

Concerns Over Free Speech and Privacy

Passed by wide margins in both chambers of the French Parliament in July, the legislation was designed to make France a pioneering force within the European Union by restricting underage access to mainstream networks like TikTok, Snapchat, and Instagram.

However, the Constitutional Council highlighted critical flaws in the law's execution framework. The magistrates noted that enforcing a strict under-15 cutoff would inherently necessitate universal age-verification measures for all internet users—raising severe concerns regarding the protection of personal privacy. 

Furthermore, the court criticized the legislation for being overly broad, sweeping in collaborative tools and educational spaces without allowing nuanced exemptions or parental discretion.

Government Vows to Revise the Legislation

The ruling deals an immediate blow to the executive branch, as the law was slated to begin rolling out ahead of the autumn school term.

Responding to the decision, the Élysée Palace announced that President Macron remains fully committed to protecting minors online. Macron has tasked Prime Minister Sébastien Lecornu with drafting a new, legally robust proposal that aligns with both the Constitutional Council’s requirements and broader European Union regulatory frameworks, with an updated push anticipated by the spring.