France's top court blocks social media ban for under-15s

France's highest court recently halted a proposed law that aimed to prohibit children under 15 from accessing social media platforms. The decision, issued by the Constitutional Council, came after the court determined that the bill violated the fundamental right to freedom of expression and communication, while also infringing upon privacy rights.

President Emmanuel Macron had advocated for the legislation, which would have come into effect on September 1, 2023. Under the proposed law, social media accounts for individuals younger than 15 would have been disabled, with existing accounts set to close within four months. Additionally, social media companies would have been required to implement age verification systems approved by the French privacy regulator.

However, the Constitutional Council found that the bill fell short of addressing critical issues such as the conditions and limits under which age proof should be provided, as well as failing to provide the necessary legal safeguards to protect the right to respect for private life. The council highlighted that the bill disproportionately restricted freedom of expression and communication, without offering adequate protection for minors.

France was the first European country to ban social media access for under-16s, following Australia's world-first ban in December. Other nations, including China, the United Arab Emirates, and Turkey, have implemented or planned measures to restrict or block social media access for young people. The European Union is also considering stronger protections for children against harmful social media features.

Social media companies generally oppose blanket bans, asserting that they already have measures in place to safeguard younger users, including age restrictions. However, they have also indicated their willingness to comply with government bans if necessary. Companies like Google, Meta, Snap, and TikTok did not respond to requests for comment.

In response to the court's decision, Macron ordered Prime Minister Sebastien Lecornu to revise the draft legislation, incorporating the Constitutional Council's concerns. The government aims to have the reform in place before the spring 2027 presidential election, as Macron is barred from seeking a third term.