On 14 August, the French Constitutional Council blocked a bill that would have banned access to social media for those under the age of 15. The court ruled that the restriction constituted a disproportionate interference with freedom of expression and communication, and highlighted insufficient safeguards for privacy during the age verification process. President Emmanuel Macron has instructed the government to redraft the bill.
Briefly about the main points
- A court has suspended the French ban on social media for those under the age of 15.
- The Council identified a disproportionate restriction on freedom of expression and communication.
- The criticism centred on the age verification rules for all users.
- The restrictions were due to come into force on 1 September, but the bill was blocked.
- Macron wants to draw up a new version of the reform in time for the 2027 elections.
What objections did the Constitutional Council raise regarding the document?
The Council ruled that the contested provisions disproportionately restrict freedom of expression and communication. At the same time, the draft law did not contain the legal safeguards necessary to protect the right to privacy.
The court drew particular attention to the age verification mechanism. It required all users to provide proof of age, but did not specify the conditions and limits under which such verification must be provided. The decision is numbered 2026-911 DC; the text was submitted to the Constitutional Council in July by a group of at least 60 MPs.
What the draft bill provided for, and what the next version will look like
Parliament approved the bill in July. It stipulated that, from 1 September, people under the age of 15 would not be able to open social media accounts. Platforms were required to close any existing accounts held by such users within four months.
To comply with the requirements, companies were required to implement an age verification system approved by the French data protection authority. However, the legislation did not apply to online encyclopaedias, educational and academic catalogues, or platforms for the development and sharing of open-source software or educational open-source projects.
French legislation had already provided for a different model: the 2023 law required platforms not to register users under the age of 15 without parental consent. The new initiative was intended to replace the parental consent approach with a blanket ban on access.
Macron instructed the Prime Minister to Sébastien Lecornu The Elysée Palace has announced that the draft bill will be amended to take account of the Constitutional Council’s comments. The President wants the reform to come into force before the presidential election in spring 2027. Macron himself is not eligible to stand for a third term.
Social media companies usually oppose outright bans, citing their own tools to protect younger users, but say they are prepared to comply with government requirements. Google, Meta, Snap and TikTok did not immediately respond to requests for comment from Reuters. The European Commission plans to push for stronger protection for children against harmful features on social media.
