French Constitutional Council Rejects Under-15s Social Media Ban

A court in France on Friday shot down a bill seeking to ban access to social media for under-15s from September — a major blow to President Emmanuel Macron that raises fundamental questions about efforts 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.

Europe’s would-be first social media ban, which sought to prohibit access to anyone in France under the age of 15 from next month, had been a flagship policy of Macron's second and final term.

The French president has also pushed restrictions to the top of the EU agenda, with an expected announcement of 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 said 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 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 warned 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.