French Constitutional Council strikes down age limit for social media

France's Constitutional Council has overturned a recently passed law that aimed to prohibit social media use for individuals under the age of 15. The law, slated to take effect on September 1, was a priority for President Emmanuel Macron, who had championed the measure as a means of protecting children online.

However, the council, referred to as "the Sages," concluded that the law, particularly its first article, was overly broad and constituted a "disproportionate infringement on freedom of expression and communication." While acknowledging the importance of protecting children from online dangers, the court stated that the principle of the child's best interest should not be pursued through an "all-encompassing, undifferentiated ban."

Concerns about the law's hasty formulation and broad scope were raised during parliamentary debates. Questions lingered about whether the ban applied to all platforms or only popular ones like TikTok, Snapchat, and Instagram. It was unclear if it would extend to classic messaging services, a point that would have likely troubled many parents. The Constitutional Council also noted that the law offered no mechanism for parents to grant exceptions for their children.

Furthermore, the council objected to a provision requiring all social media users, including adults, to undergo age verification. This, they argued, violated privacy principles. The law lacked specific conditions for how such verification would be conducted and how platforms would ensure the secure handling of identity document information, raising concerns about potential misuse of data.