Social media ban in France overturned
The French Constitutional Council (Conseil constitutionnel) has overturned a planned social media ban for children and young people under the age of 15. The Council ruled that the statutory ban constituted “a disproportionate interference” with the freedom of expression and communication of those affected.
The French National Assembly and the Senate had voted in favour of the bill by a large majority in July. At the request of President Emmanuel Macron, it was originally due to come into force after the summer holidays, on 1 September.
Macron announces revision
For Macron, the decision represents a major political defeat. He had spoken out strongly in favour of the social media ban and wanted to make his country a pioneer in Europe. In an initial response to the ruling, the President’s Office stated that Macron would task Prime Minister Sébastien Lecornu with revising the draft bill. Macron is determined to have the reform come into force before spring 2027.
In its ruling, the Constitutional Court did indeed recognise “the constitutional obligation to protect the best interests of the child”. However, it pointed out that the very broad ban “could apply to online communication services where the risks to the health and safety of minors have not been proven”.
The law also constitutes a breach of the right to privacy, as it inevitably means that every person – including users of legal age – would have to prove their age before accessing such services. In the view of the French Constitutional Council, there is as yet no corresponding legal basis for this.
France was a pioneer in the EU
The proposed law aimed to keep children away from online services such as TikTok, Snapchat, X and Instagram, as well as video platforms such as YouTube, messaging apps and certain online video games.
It also provided for an extension of the ban on mobile phones in schools. The Constitutional Council did not comment on this provision in its ruling.
France was the first country in the European Union to introduce such a social media ban. Several member states, including Spain, Greece and Austria, are also planning to introduce social media bans for minors up to a certain age.
Around the world, social media bans for children and young people are already in place in Australia, Brazil, Indonesia and a number of other countries.