France's Constitutional Council has invalidated a ban on social media access for individuals under the age of 15, ruling that the measure infringes upon the fundamental right to freedom of expression.
The legislation, which had been approved by French lawmakers in July, aimed to make France the first European nation to restrict young people's access to social media platforms due to concerns about the detrimental effects on children's mental health. The ban was slated to be implemented in stages starting in September.
The ruling by the Constitutional Council, a nine-member body responsible for reviewing laws against the constitution, effectively overrides the ban. President Emmanuel Macron has directed Prime Minister Sébastien Lecornu to draft a new proposal that addresses the council's concerns.
According to the council's statement, Article 1 of the legislation was deemed "neither appropriate, necessary, nor proportionate" in its restriction of freedom of expression and communication for those under 15. The court also expressed reservations about the law's requirement for age verification to access online services, stating it lacked the necessary legal safeguards.
Macron's office indicated that the government would work expeditiously to present a revised draft, with the president committed to seeing the reform enacted by early 2027. The initial legislation proposed that as of September, individuals under 15 would be prevented from opening new accounts, with verification required for all new accounts. By January, this would have extended to existing accounts.
Opponents of the original bill had raised questions about its practicality, privacy implications, the reliability of age-verification technologies, the potential for young users to circumvent the restrictions, and the swiftness of its introduction.
France's decision follows similar legislative efforts in other countries. Australia introduced a ban on social media for those under 16 in December, though its effectiveness has been debated. In May, the European Commission President Ursula von der Leyen proposed a "social media delay" for children across the EU, suggesting new legislation could be forthcoming. In the United Kingdom, former Prime Minister Sir Keir Starmer announced in June that a ban on social media for those under 16 would take effect in January 2027, alongside an optional midnight curfew for 16- and 17-year-olds.