France’s Top Court Strikes Down Social Media Ban for Minors
- France’s Constitutional Council struck down legislation banning social media use for minors under 15, ruling that the proposed law infringed on freedom of expression and individual privacy rights.
- The French top court evaluated the legislation against Article 34 of the French Constitution, concluding that the total ban on under-15s restricted freedom of expression and communication in...
- Following the court ruling, French President Emmanuel Macron directed Prime Minister Sébastien Lecornu to re-work the legislation as quickly as possible, according to a statement from the president's...
France’s Constitutional Council struck down legislation banning social media use for minors under 15, ruling that the proposed law infringed on freedom of expression and individual privacy rights. According to the Constitutional Council’s decision on Friday, the draft bill failed to distinguish between different online services or account for the maturity and personal circumstances of individual users, while its mandatory age verification measures threatened broader public anonymity.
Constitutional Council Rulings on Free Expression and Privacy
The French top court evaluated the legislation against Article 34 of the French Constitution, concluding that the total ban on under-15s restricted freedom of expression and communication in a way that was neither appropriate, necessary, nor proportionate. The court found the proposed rules too broad to consider the specific risks of individual platforms or the personal situations of minors. Furthermore, the court objected to provisions requiring every person, including adults, to verify their age before accessing social media platforms. According to the court’s statement, this requirement violates Article 2 of the Déclaration de 1789 by impeding the right to private life and creating an expansive data collection ecosystem.
Political Response and the Timeline for Revised Legislation
Following the court ruling, French President Emmanuel Macron directed Prime Minister Sébastien Lecornu to re-work the legislation as quickly as possible, according to a statement from the president’s office. Macron remains committed to implementing a legally robust social media restriction by spring 2027. The original bill had advanced rapidly after French lawmakers voted overwhelmingly in favor of the age limit last month, aiming to make France the first European Union country to enact such a restriction.
Broader Regulatory Context Across Europe
The French decision carries implications for similar policy efforts across Europe and internationally, as governments grapple with youth digital access following Australia’s implementation of a minimum age limit last December. Britain’s government announced comparable restrictions in June with a parliamentary vote expected by Christmas, while Spain, Greece, and Denmark are pursuing independent minimum age limits. The ruling by France’s Constitutional Council also sends a signal of caution to Brussels, where the European Commission is reviewing EU-wide access restrictions and digital identity wallet frameworks that face ongoing scrutiny over privacy and security risks.