Constitutional Council Overturns Legislation

France’s Constitutional Council has invalidated a law that aimed to ban social media for children under the age of 15, ruling that it violated freedom of expression. The court’s decision overturns legislation backed by French lawmakers in July, which made France the first European country to implement such a ban, driven by concerns over the impact of social media on children’s mental health.

Macron Pledges Revised Draft

Emmanuel Macron had pledged to introduce the ban in stages starting from September. However, in response to the court’s ruling, the French president immediately asked Prime Minister Sébastien Lecornu to prepare a new draft of the legislation that would address all the council’s concerns. Last month, Lecornu had referred parts of the law to the Constitutional Council for review, a nine-member body that ensures legislation aligns with the constitution.

Concerns Over Age Verification and Safeguards

The court’s ruling specifically criticized Article 1 of the legislation, stating it was neither appropriate, necessary, nor proportionate in its approach to freedom of expression and communication for under-15s. The council also highlighted concerns regarding the law’s requirement for age verification to access online services, noting that it failed to establish the necessary legal safeguards. Macron’s office has said the government will work as quickly as possible to propose a new draft and that the president is determined to see the reform implemented by early 2027.

The original legislation had outlined that from September, all individuals under the age of 15 would be prohibited from opening accounts, with verification required on all new accounts. By January, this restriction would have applied to all existing accounts. Opponents of the law have questioned its viability and raised concerns about privacy, the effectiveness of age-verification tools, the likelihood of young users bypassing these measures, and the rapid pace at which the ban was introduced.

Australia was the first country to implement a similar ban for those under 16 in December, although it is widely acknowledged that many young people in the country continue to use social media platforms despite the restrictions. In recent months, legislation restricting young people’s access to social media has been increasing across Europe.

In May, European Commission President Ursula von der Leyen proposed a ‘social media delay’ for children in the EU, suggesting new legislation could be introduced within months. In the UK, former Prime Minister Sir Keir Starmer announced in June that under-16s will be banned from social media starting in January 2027; an optional midnight curfew for UK teens aged 16 and 17 was also proposed.