France's Constitutional Council strikes down social media ban for under-15s

France's Constitutional Council on Friday, August 14, struck down the ban on social media for children under 15, a flagship policy of President Emmanuel Macron's second term, calling the measure "a disproportionate restriction" on freedom of expression.

The Council ruled that Article 1 of a law adopted in July, intended to protect minors from the risks associated with the use of social media, "constitutes a restriction that is not appropriate, necessary or proportionate" to the freedom of expression and communication of under-15s.

While recognizing the "constitutional requirement to protect the best interests of the child," the judges said that such a broad ban "could apply to online communication services for which the risks to the health and safety of minors (...) have not been established."

Macron responded to the Council's decision by tasking Prime Minister Sébastien Lecornu with "working on a legally robust draft" of the ban "as quickly as possible." In a statement, the Elysée Palace said, "the president's determination to see this reform through by spring 2027 remains absolute."

Set to take effect on September 1, the law aimed to bar young users from accessing certain social media platforms (TikTok, Snapchat, X, Instagram) as well as social features (sharing channels, comments) on popular sites like YouTube, messaging services (WhatsApp, Messenger) and some online video games. Although the law included exceptions, such as for online encyclopedias, these remained too "limited," the Council said.

Age verification and privacy

After the law was adopted, MPs from the Socialist Party and radical-left La France Insoumise had challenged it before the Constitutional Council. The Council, which was only asked to rule on Article 1 of the law, did not rule on a ban on mobile phones in high schools starting September 1, which was also included in the law.

The French government had sought to better protect young people from the harmful effects of these platforms, including anxiety, depression, sleep disorders and online harassment, as demanded by many child protection advocacy groups. According to a study published in July by Arcom, the French media and digital regulator, more than two-thirds of 10- to 14-year-olds said they supported the ban.

In its decision, the Constitutional Council also raised concerns about the possible impact on privacy from instituting an age-verification system for all users. The law required platforms to establish one or more systems for this at the time of registration, without specifying any technical details for implementation. "By failing to define the conditions and limits" of this age verification, "the legislature did not provide the legal safeguards" necessary to protect the right to privacy, the Constitutional Council said.

Mixed results

The French law, whose adoption by Parliament was a first in Europe, was part of a global trend. At the end of 2025, Australia became the first country to ban social media for under-16s. Since then, many countries have either adopted or announced plans to consider similar bans, including Brazil, Indonesia, the United Kingdom, and New Zealand.

In Australia, results have been mixed: A study published by the British Medical Journal found little change in usage among users aged 12 to 13. There was a slight drop among 14- and 15-year-olds, while an increase was seen among those aged 16 and over. Underage users have managed to circumvent restrictions by using accounts registered under older people's names or by connecting via a VPN, a tool that allows users to appear as if they are in another country.

Meanwhile, the European Commission in July announced plans to introduce "progressive and gradual" access to social media for minors. An expert panel recommended a ban for under-13s, allowing each country to set its own minimum age.