France’s Constitutional Council has overturned a newly drafted law that would have prevented children under the age of fifteen from creating or maintaining social‑media accounts. The court said the ban infringed on the constitutional guarantee of freedom of expression and was neither proportionate nor legally justified.
The legislation, approved by Parliament in July, had made France the first European nation to legislate a blanket ban on minors. President Emmanuel Macron had indicated that the ban would roll out in stages starting in September, targeting new accounts, with existing accounts affected from January next year.
Mr Macron’s office immediately announced that the government would draft a revised bill in consultation with the Council’s concerns, aiming for a new version to be in force by early 2027. The proposed changes are expected to address the Council’s critique that the measures lack adequate safeguards for privacy and that the age‑verification system could be circumvented.
The ruling comes amid a broader European push for tighter safeguards for young people online. In May, EU Commission President Ursula von der Leyen proposed a “social‑media delay” for minors, and in June the UK’s former Prime Minister Sir Keir Starmer announced that under‑16s would be banned from platform access in January 2027. Australia, which introduced a similar ban last December, reports many of its under‑16 population are still accessing social media.
While critics have questioned the feasibility, privacy impact, and enforcement of such bans, the Constitutional Council’s decision emphasizes the delicate balance between protecting mental well‑being and upholding fundamental freedoms.
