France's constitutional council has struck down a law that would have banned social media access for children under 15, ruling that it disproportionately infringed freedom of expression and communication and lacked legal safeguards for privacy. The decision, announced on [date], is a setback for President Emmanuel Macron, who had championed the measure as part of a global push for stricter age limits on social media platforms.
The law, approved by parliament in July, was set to take effect from September 1, 2024. It would have prohibited under-15s from opening new social media accounts and required platforms to close existing accounts within four months. Additionally, tech companies would have had to implement age-verification tools approved by France's privacy regulator, the Commission Nationale de l'Informatique et des Libertés (CNIL).
However, the constitutional council found that the law failed to specify the “conditions and limits” for age verification, and that the restrictions disproportionately infringed upon freedom of expression and privacy. The council stated: “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.”
Global momentum for age restrictions
The French ruling comes as several countries move to adopt similar measures. Australia barred under-16s from leading social media platforms in December last year, affecting platforms such as Facebook, Instagram, Kick, Reddit, Snapchat, Threads, TikTok, Twitch, X, and YouTube. Indonesia and Malaysia have introduced restrictions for under-16s on certain platforms, while the UK is preparing to block leading apps for the same age group next year.
The European Union has also announced plans to strengthen protections for children from harmful social media features, building on the Digital Services Act. European Commission President Ursula von der Leyen said last month: “It is clear we need age-appropriate restrictions to platforms.” She did not specify a particular age limit but raised the prospect of “phased and gradual access for different age ranges.”
Macron's response and next steps
President Macron, who in April urged teenagers to turn off their devices and read to become better citizens, has asked Prime Minister Sébastien Lecornu to rework the legislation to address the constitutional council's concerns, according to the Élysée. The Élysée said Macron remains determined for the reform to take effect before spring 2027, when France holds its presidential election. Macron is ineligible to stand for a third term.
Social media companies generally oppose blanket bans, arguing they already have measures to protect younger users, including a minimum age of 13. They have also said they would comply with government restrictions. The French government now faces the challenge of drafting new legislation that meets the constitutional council's requirements while still achieving its goal of protecting minors online.
