Digital Policy

France’s Social Media Ban for Under-15s Overturned by Constitutional Court

France’s highest constitutional authority has struck down a government-backed law that would have banned children under the age of 15 from accessing social media platforms. The ruling, announced on Friday, invalidates the planned regulation aimed at protecting young users from harmful online effects, citing violations of freedom of expression and concerns over privacy linked to age-verification systems.

What Happened

The Constitutional Council of France reviewed the legislation, scheduled to take effect on September 1, 2026. This law intended to prohibit minors under 15 from accessing platforms such as TikTok, Snapchat, and Instagram, claiming to shield them from negative impacts like anxiety, depression, sleep disturbances, and online harassment. However, the Council declared that the law’s key provision—Article 1—was disproportionate and unnecessary in relation to protecting freedom of communication for this age group. Additionally, it raised privacy concerns, particularly about the implications of instituting a mandatory age-verification system for all social media users.

Key Facts

The ban targeted under-15s and was a flagship campaign of President Emmanuel Macron, who had supported the legislation as part of his agenda on child online safety. While the Council struck down the social media access ban for children, it did not rule on a separate provision that prohibits mobile phone use in high schools starting September. This phone ban already applies to elementary and middle schools in France. Post-ruling, the French presidency tasked Prime Minister Sebastien Lecornu with drafting a revised, legally compliant version of the law that also aligns with European regulations. Former Prime Minister Gabriel Attal, a supporter of the law, expressed his disappointment but affirmed ongoing commitment to addressing risks social media poses to young people.

What This Means

The Constitutional Council’s decision highlights the challenges governments face when balancing online safety measures with fundamental rights such as freedom of expression and privacy. By overturning the ban, the court has emphasized the importance of proportionate legal frameworks that protect children without imposing overly broad restrictions or intrusive verification requirements. For French youth, this ruling preserves their access to widely used communication platforms, but also leaves open questions about how to effectively address the documented risks of social media exposure.

For policymakers, the ruling serves as a cautionary example that legislative attempts to regulate internet use by minors must be carefully tailored to avoid legal overreach. The concerns around privacy linked to age verification systems are also significant, with potential implications for data security and user anonymity. This case may influence other countries considering similar restrictions, underscoring the need for approaches that safeguard young users while respecting their rights and personal data.

What Comes Next

In response to the ruling, the French government is preparing a new draft of the online safety legislation. Prime Minister Sebastien Lecornu has been assigned to produce a version that addresses the Constitutional Council’s objections and is compatible with European Union digital regulations. Meanwhile, other elements of the law, such as the mobile phone ban in secondary schools, remain unaffected for now. President Macron’s commitment to online child safety remains firm, making it likely that revised regulatory efforts will continue to be a priority in his remaining time in office.

Sources

This article is based on reporting and publicly available information from the following source:

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Nora Lindholm
About the editor

Nora Lindholm

Nora Lindholm Role: Digital Policy Editor Nora Lindholm writes about digital rights, online safety, data privacy, internet regulation, and technology policy. Her articles focus on how digital rules affect users, platforms, companies, and public institutions. She emphasizes official documents, clear sourcing, and balanced explanations.

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