France’s top court blocks social media ban for under-15s

France's Constitutional Council has delivered a significant setback to President Emmanuel Macron's government by blocking a proposed ban on social media access for children under 15. The court ruled that the bill, which aimed to bar under-15s from opening social media accounts from September 1, infringed upon freedom of expression and privacy.

The legislation would have required social media platforms to implement age verification and close existing accounts within four months. However, the Council found that the bill failed to specify the necessary conditions and limits for age verification, disproportionately impacting fundamental freedoms. This decision marks a departure from France's previous stance, which had positioned it as a European leader in attempting to regulate online access for minors, following Australia's similar but less restrictive ban for under-16s.

Globally, various countries, including China, the UAE, and Turkey, have implemented or are planning measures to restrict youth access to social media. The European Union is also seeking stronger protections for children from harmful online content. Social media companies generally oppose blanket bans, citing existing protective measures, though they have stated willingness to comply with government mandates.

President Macron has instructed Prime Minister Sebastien Lecornu to rework the draft legislation, incorporating the Constitutional Council's concerns. The Elysee has indicated Macron's determination to see the reform enacted before the 2027 presidential election, when he will be unable to seek a third term. Meanwhile, a separate legal battle is underway in Oakland, California, where 29 states are suing Meta over similar issues.

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The Council holds that the contested provisions, on the one hand, disproportionately infringe upon the freedom of expression and communication and, on the other, fail to provide the legal safeguards necessary to ensure the right to respect for private life.