France’s top court on Friday struck down a bill that would have banned social media for children under 15, ruling that it was too broad and disproportionately infringed upon freedom of expression.
The Constitutional Council ruled that the proposed bill could not prohibit minors from social media “without infringing upon freedom of expression and communication,” was too broad to consider the individual situation of each minor or the specific risks of each platform, and raised privacy concerns.
Last month, French lawmakers voted overwhelmingly in favor of this bill, which would have made France the first country in the European Union to introduce such an age limit. But bills in France are scrutinized by the Constitutional Council to ensure they comply with the French constitution.
The Court’s Objections
The council’s objections were two-fold: the ban was too broad, and it created a privacy problem since “the law itself implies that every person, even an adult, must prove their age before accessing social media platforms,” the court wrote in a statement.
Their decision argued that the law’s objective of protecting children is legitimate, but that the draft bill “infringes freedom of expression and communication in a manner that is not appropriate, necessary or proportionate” to that objective.
The Government’s Response
Following the decision, French President Emmanuel Macron tasked Prime Minister Sébastien Lecornu with reworking the bill “as quickly as possible,” his office said in a statement, underlining his commitment to implementing the ban by spring 2027.
Macron had ordered the government to expedite this bill’s passage through parliament, with the aim of having legislation in place for the beginning of the school year in September.
Global Context
Countries around the world have been grappling with the question of whether to ban under-16s from social media. Australia implemented such a ban last December. Britain’s government announced similar restrictions in June, and its parliament is expected to vote on the proposals by Christmas. Spain, Greece, and Denmark are also planning to impose minimum age limits for social media.
The Bottom Line
France’s Constitutional Council has blocked a bill that would have banned social media for children under 15, ruling it too broad and a violation of freedom of expression. The court also raised privacy concerns, noting the law would have required all users to prove their age. President Macron has tasked his government with reworking the bill, aiming to implement it by spring 2027.
