France: Social Media Ban for Under-15s Ruled Unconstitutional

France's Constitutional Council has struck down a law that would have prohibited minors under 15 from accessing social media platforms, deeming it a violation of fundamental rights. The decision underscores the importance of freedom of expression and communication in the digital age.

The council stated that the law, passed by the French Senate and National Assembly last month, infringed upon the rights guaranteed by the 1789 Declaration of the Rights of Man and of the Citizen. It argued that the freedom to access and express oneself on social media is an integral part of the broader right to free speech, especially given the significant role these platforms play in democratic life and the exchange of ideas.

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The free transmission of thought and opinion is one of the most precious rights of man. (...) The freedom to access social media and express oneself there is included in these rights.

A key criticism from the council was the law's overly broad scope. It noted that the ban applied to virtually all social media platforms, with only online encyclopedias exempted. The council pointed out that this blanket prohibition did not differentiate between platforms that might pose risks and those developed in conjunction with educational activities. Furthermore, the law failed to establish a process for assessing individual risks or allowing parents or legal guardians to lift the ban based on a child's best interests, maturity, or specific circumstances.

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The law... is contrary to the Constitution.

The council also raised concerns about the potential for excessive personal data collection during the age verification process, which could infringe upon the right to privacy for all users, not just minors. While acknowledging the law's aim to protect children from internet addiction, isolation, and exposure to harmful content, the council concluded that the proposed measures were neither appropriate nor necessary nor proportionate to achieve these goals.

This ruling deals a blow to the French government's plans to implement age restrictions at the start of the new school year and is expected to have implications for similar regulatory efforts worldwide. Several countries have been considering or implementing measures to restrict children's access to social media, making France's decision a significant point of reference in the global debate.

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The freedom of expression and communication is all the more precious as it is a condition of democracy and a means of ensuring other rights and freedoms. The way in which the provisions of the law restrict this freedom is neither appropriate nor necessary nor proportionate to the objective pursued.