The Constitutional Council ruled that the legislation disproportionately violates constitutional rights to free expression and digital privacy.
PARIS — In a stunning legal defeat for President Emmanuel Macron’s digital policy agenda, France’s highest constitutional authority has officially struck down landmark legislation that sought to ban children under 15 years old from using social media platforms.
The Constitutional Council ruled on Friday that the proposed restrictions disproportionately infringed upon basic constitutional guarantees of free communication and expression. Additionally, the high court noted that the mandatory age-verification procedures envisioned by the law failed to establish proper statutory safeguards to protect user privacy.
Key Takeaways from the Court Decision
- Constitutional Overreach: The court found the blanket prohibition infringed on youth freedom of expression.
- Privacy Risks: Mandatory age verification mechanisms lacked strict data protection limits.
- Setback for Macron: The bill was a core piece of Macron’s remaining presidential policy agenda.
- Legislative Redraft: The French government has already been ordered to draft a constitutional-compliant revision.
Why the High Court Blocked the Legislation
The bill, which had received final parliamentary approval in July, was set to go into effect at the start of the school year on September 1. It aimed to force major social networks—including TikTok, Instagram, Snapchat, and YouTube—to stop creating accounts for under-15s and systematically close existing accounts.
However, judges concluded that while protecting minors from online harassment, algorithm addiction, and harmful content is a legitimate government goal, the sweeping nature of the law went too far.
“The Council holds that the contested provisions disproportionately infringe upon the freedom of expression and communication and fail to provide the legal safeguards necessary to ensure the right to respect for private life,” the Constitutional Council stated in its decision.
The court pointed out that the ban treated virtually all digital services identically without assessing whether specific platforms actually posed verified health or safety risks to teenagers. Furthermore, the law stripped parents of their right to exercise discretion over their children’s access to specific, constructive online tools.
Macron Vows to Redraft a “Legally Robust” Measure
President Emmanuel Macron had strongly championed the initiative, arguing earlier this year that “the brains and emotions of our children are not for sale or manipulation by algorithms.” France was attempting to lead a broader European push toward stricter youth digital limits, following Australia’s passage of a similar ban for under-16s.
In response to the ruling, the Élysée Palace confirmed that President Macron has directed Prime Minister Sébastien Lecornu to immediately begin drafting a revised, constitutionally sound proposal. Macron expressed determination to see an updated legal framework implemented prior to the conclusion of his presidential term in spring 2027.
For now, European digital policy observers note that the court’s stance sets a strong legal precedent across the European Union: any future efforts to safeguard children online must carefully balance child safety against fundamental rights to privacy and digital communication.
France’s Constitutional Council has officially blocked the nation’s proposed youth digital restrictions over constitutional concerns.
You can review the official decision directly on the Constitutional Council of the French Republic or track European tech policy updates via European Commission Digital Strategy.
