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France strikes down age ban
France’s top constitutional authority struck down a ban on social media access for children under 15, dealing a blow to President Emmanuel Macron’s legislation.
“constitutes an infringement that is neither appropriate, necessary, nor proportionate”
The Constitutional Council found that Article 1 of the law “constitutes an infringement that is neither appropriate, necessary, nor proportionate” to the freedom of expression and communication of those under 15.
The ruling also expressed concern about the potential impact on privacy from introducing an age-verification system for all users, and the law was due to take effect on Sept. 1.
After the decision, the Elysee Palace said Macron tasked Prime Minister Sebastien Lecornu with working on a new “legally robust draft” of the legislation that takes into account both the Constitutional Council’s ruling and the European regulatory framework.
European implications and legal limits
Politico.eu framed the French decision as potentially far-reaching for Europe, saying the Constitutional Council reviews the constitutionality of French legislation and that the restrictions in the bill disproportionately infringed on minors’ right to freedom of expression and communication.
A senior Brussels-based attorney advising social media firms, Peter Craddock, said the court’s reasoning required “limitations” rather than “a general ban,” adding that there have to be ways for parents to argue a child’s degree of maturity.
The Guardian reported that the law approved by parliament in July would have barred under-15s from opening social media accounts from the beginning of September and required platforms to close existing accounts within four months using age-verification tools approved by France’s privacy regulator.
The Guardian also quoted the Constitutional Council saying the provisions “disproportionately infringe upon the freedom of expression and communication” and “fail to provide the legal safeguards necessary to ensure the right to respect for private life,” while noting Macron asked Lecornu to rework the legislation.
Macron’s next steps
France’s constitutional ruling set up a new drafting process for Macron’s government, with the Elysee saying Macron tasked Sebastien Lecornu to work “as quickly as possible” on a legally sound version that accounts for the court’s decision.
“We take note of it and respect this decision, which applies to everyone”
The Guardian reported that the Elysee said Macron remained determined for the reform to take effect before spring 2027, when France holds a presidential election, and that Macron is ineligible to stand for a third term.
In France, Gabriel Attal, Macron’s former prime minister, expressed disappointment after the ruling and said, “We take note of it and respect this decision, which applies to everyone,” while vowing to continue fighting against what he described as “a deadly poison for our children.”
Across Europe, the Guardian said the EU plans to seek stronger protections for children from harmful social media features building on the digital services act, and it quoted Ursula von der Leyen saying “it is clear we need age-appropriate restrictions to platforms” with the prospect of “phased and gradual access for different age ranges.”
