France: Supreme Court overturns ban on social media for those under 15

The Supreme Court in France has overturned the ban on the use of social media for those under 15, ruling that it infringes on freedom of expression. The legislation was supported by French lawmakers in July and was intended to make France the first European country to block young people from using platforms, amid concerns over the harmful effects of social media on children's mental health.

The ruling by the Constitutional Council, issued on Friday, cancels the ban that French President Emmanuel Macron had pledged to implement and planned to introduce gradually starting in September. In response to the ruling, the French President immediately asked Prime Minister Sébastien Lecornu to prepare a new bill that would take into account all the comments raised by the Council.

After lawmakers approved the bill last month, Lecornu submitted parts of it for review by the Constitutional Council — a body consisting of nine members that checks whether laws meet constitutional requirements. The Constitutional Council determined that Article 1 of the law:

"Constitutes an infringement that is not appropriate, necessary, or proportionate" to the freedom of expression and communication of those under 15.

The ruling also raised concerns regarding the law's requirement to provide proof of age to access online services, stating that the law did not establish "the necessary legal protection measures." Macron's office stated after the ruling that the French government would act "as quickly as possible" to propose a new bill, and that the President is determined to implement the reform by the beginning of 2027.

The original legislation stipulated that starting in September, those under 15 would not be able to open accounts on social media, and that age verification would be required for all new accounts. Starting in January, the provision was supposed to apply to all existing accounts as well. Opponents of the law repeatedly questioned the ability to implement it, raising concerns regarding privacy, the effectiveness of age verification tools, the risk that young people would bypass verification mechanisms, and the speed at which the ban was planned and legislated.

Australia was the first country to introduce a ban on social media use for those under 16 last December, although it is widely acknowledged that many in the country continue to use the platforms. In recent months, efforts to restrict young people's access to social media have been increasing across Europe. In May, European Commission President Ursula von der Leyen proposed introducing a "social media delay" for children in the European Union, saying that new legislation could be presented within months. In the UK, former British Prime Minister Keir Starmer announced in June that starting in January 2027, those under 16 in the UK would be banned from using social media. An optional night curfew for 16 and 17-year-olds was also announced.