France's Constitutional Council annuls social media ban for under-15s: "Disproportionate violation" of freedom of expression

The French Constitutional Council has annulled the ban on social media use for individuals under the age of 15, ruling that the measure constitutes a “disproportionate violation” of freedom of expression. Members of the Socialist Party and the Radical Left in parliament submitted a petition to the Council in late July regarding Article 1 of the law, which aims to protect minors from social media. The Council’s judges decided that the provision banning social media use for those under 15 “constitutes an unnecessary and disproportionate violation” of freedom of expression and communication. While acknowledging the “constitutional necessity to protect the child’s interests,” they noted that this broad ban “is likely to cover online communication services whose risks to the health and safety of minors have not been established.” The law was scheduled to enter into force on September 1 and aimed to prevent minors from using social media platforms (such as TikTok, Snapchat, X, Instagram, and others), as well as from using social features (sharing channels, comments, etc.) on well-known sites like YouTube, messaging apps (WhatsApp, Messenger, etc.), and some online video games. Although the law included exceptions, particularly for electronic encyclopedias and educational or scientific guides, the Constitutional Council deemed these exceptions “too limited.” Following the Council’s decision, President Emmanuel Macron tasked Prime Minister Sébastien Lecornu with drafting a “legally robust” proposal to ban social media use for those under 15. The French Presidency stated in a press release that the Prime Minister must work “as soon as possible” on a draft that “takes into account the Constitutional Council’s decision and the European framework,” emphasizing Macron’s determination to complete this reform “by spring 2027.”