France's social media ban for children ruled unconstitutional

France's Constitutional Council struck down a provision that prohibited children under 15 from using social media. The decision was made on August 14, less than three weeks before the planned entry into force of the restrictions.

The Council declared Article 1 of the law on protecting minors from the risks of social media contrary to the Constitution. This article introduced a general ban on access to such services for users under 15. The French Parliament finally approved the document on July 21, and the new rules were to take effect on September 1, 2026. For accounts created earlier, the restrictions were planned to be applied from January 1, 2027.

The Constitutional Council agreed that the state has the right to restrict children's access to social media for their protection. However, in its assessment, the French law went too far: it introduced a blanket ban regardless of the age and maturity of a particular child, the specifics of the platform, and the risks associated with its functions or content.

The judges concluded that such a restriction disproportionately affects freedom of expression and communication. The Council recalled that access to online services has become one of the ways to participate in public life, receive information, and express one's views, and these rights extend to minors as well.

Another problem was age verification of users. The implementation of the ban effectively required social platforms to determine whether a person had turned 15. The Constitutional Council pointed out that the law did not provide sufficient guarantees for the protection of privacy when using such mechanisms.

Thus, a general ban on social media for children under 15 will not be introduced from September 1. At the same time, the Constitutional Council's decision concerns specifically the article with the age restriction, and not all provisions of the law adopted by Parliament. In particular, from the new school year, France expands the ban on the use of mobile phones and other connected devices to upper secondary schools.

Kurs previously reported that France intended to become the first country in the European Union with such a comprehensive age ban. The law was passed by both houses of Parliament: in the Senate it was supported by 243 lawmakers with two votes against, and in the National Assembly – by 279 with 81 votes against.

Based on materials: Constitutional Council of France