Paris: France’s top constitutional court has blocked a planned ban on social media for children under 15, ruling that the legislation infringed upon freedom of expression and communication.
The Constitutional Council issued its ruling on August 14, overturning legislation approved by French lawmakers in July. The decision means the proposed restrictions cannot be introduced in their original form.
The legislation would have made France the first European country to introduce a nationwide ban preventing children under 15 from opening social media accounts. The measure was proposed amid growing concerns about the potential effects of social media use on children’s mental health and wellbeing.
President Emmanuel Macron had pledged to introduce the restrictions in stages from September. Following the ruling, Macron immediately asked Prime Minister Sébastien Lecornu to prepare a new draft that addresses the Constitutional Council’s concerns.
The council said the legislation’s first article represented an infringement on freedom of expression and communication that was not appropriate, necessary or proportionate. It also raised concerns about provisions requiring users to provide proof of age before accessing online services, saying the legislation did not establish sufficient legal safeguards.
The original law would have prevented people under 15 from opening new social media accounts from September, with age verification required for new accounts. From January, the restrictions would have extended to existing accounts.
Opponents of the legislation had questioned whether the proposed system would be effective and enforceable. They also raised concerns about privacy, the reliability of age-verification technology and the possibility of children bypassing restrictions.
Macron’s office said the government would work as quickly as possible on a revised proposal and that the president remained committed to implementing the reform by early 2027.
The French ruling comes as governments across Europe consider tighter controls on children’s access to social media. Australia introduced a social media ban for users under 16 in December, although subsequent research has found that many teenagers have continued using social media platforms.
In May, European Commission President Ursula von der Leyen proposed a possible ‘social media delay’ for children in the European Union, with new legislation potentially being introduced.
The United Kingdom is also considering restrictions. Former Prime Minister Keir Starmer announced in June that under-16s in the UK would be banned from social media from January 2027, alongside a proposed optional midnight curfew for teenagers aged 16 and 17.
France’s constitutional ruling is therefore likely to influence the wider European debate over how governments can protect children online while balancing privacy and freedom of expression.
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