France's constitutional court strikes down social media ban for under-15s

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A constitutional court in France on Friday shot down a bill that would ban access to social media for minors, serving a major blow to President Emmanuel Macron and raising fundamental questions about how to protect kids on the internet.

The Constitutional Council, which reviews the constitutionality of French legislation, said the restrictions in the bill disproportionately infringe on minors’ right to freedom of expression and communication. The bill also fails to put in place adequate protections for privacy, said the court.

Europe’s would-be first social media ban, which sought to prohibit access to anyone in France under the age of 15, had been a flagship policy of Macron’s second and final term. The French president was aiming to push the new restrictions to the top of the EU agenda, in time for an expected announcement of similar bloc-wide measures by European Commission President Ursula von der Leyen in September.

In a statement late Friday, the French presidential office said the government would not be giving up on the bill. It has set a new target date for spring 2027, which coincides with when Macron will leave office.

The statement added that Macron “has instructed the Prime Minister to work, as quickly as possible, on a legally sound draft that takes into account” the court’s decision. The ruling already hinted at what would make the age restriction align with fundamental rights: giving parents more flexibility.

Peter Craddock, a senior Brussels-based attorney advising social media firms, said the French court decision could have far-reaching implications.

“What they’re basically saying here is: ‘Listen, government, if you want to get this to succeed, you can’t just work on the basis of a general ban. There have to be limitations,” said Craddock, a partner at Keller & Heckman. “There have to be ways for people to say, ‘well, actually, in my case, my son, my daughter is of a certain degree of maturity and is able to use this properly.'”

The government bill had passed through the French legislative procedure after a lengthy back-and-forth earlier this summer. It was set to bring forward Europe’s first social media age restrictions, with Greece and Denmark planning to follow suit.

But Article 1 of the French bill essentially rendered it a blanket ban, without sufficiently distinguishing between the risks of each social media platform or the varying levels of vulnerability among minors themselves, said the court. The ban would also apply to online platforms that have not been proven to have risks to the health and safety of minors.

Craddock warns that the court’s judgment may not bode well for other national bans or restrictions coming from the European Commission, since the decision is framed around fundamental rights, which are harmonized across the bloc.

“The reasoning is actually equally relevant internationally, throughout the EU, because this fundamental freedom is not specific to France,” he said.

This article has been updated with reaction to the decision, including from Macron’s office; and clarifies role of the French court.