French Constitutional Court overturns ban on social media for under-15s. Macron calls for the law to be rewritten
According to the “Wise Men” of the Constitutional Council, the measure – strongly backed by the French President – constitutes “a disproportionate infringement of minors’ freedom of expression”
The ban on social media for under-15s, a measure strongly backed by French President Emmanuel Macron, has been rejected by the Constitutional Council. The “Wise Men” of the Constitutional Council deemed that this measure constituted “a disproportionate violation of the freedom of expression” of minors. In response to the news, Macron has instructed the Prime Minister, Sébastien Lecornu, to proceed with a redrafting of the law to arrive “by spring 2027” to a new, legally sound formulation” of the legislation banning the use of social media by under-15s and “which takes into account the Constitutional Council’s decision and the European regulatory framework”. This was announced by the Élysée Palace in a statement.
The judges’ decision
The highest judicial body was called upon at the end of July by a group of Socialist MPs and members of La France Insoumise regarding Article 1 of the law aimed at protect minors from the influence and phenomena of social media addiction. The judges ruled that this provision “improperly, unnecessarily and disproportionately infringes” minors’ freedom of expression and communication. Whilst recognising “the constitutional requirement to protect the best interests of the child”, the judges emphasise that such a broad ban “would apply to online communication services where the risks to children’s health and safety have not been established”.
The Élysée Palace’s statement
In calling for the law to be reworded, the Élysée Palace reiterates that “the President of the Republic remains fully committed to seeing this reform through by spring 2027”. “Meanwhile, spurred on by France, more than thirty countries around the world are moving towards banning social media for younger children in the coming months, and the European Commission is working to harmonise these provisions across the European Union – emphasises the Élysée – ‘the objective pursued by the Head of State since 2017 with regard to the protection of children online remains unchanged: to safeguard the best interests and health of our children, whilst the harmful effects of social media on them are scientifically documented’.
