Constitutional Court blocks law restricting social media for under-15s

The planned implementation of a French law banning social media for under-15s has hit an insurmountable legal hurdle. Although parliament overwhelmingly approved the proposal in July by 279 votes to 81, the key first article failed a constitutional review. The judiciary acknowledged the importance of protecting minors from online dangers, but at the same time warned that the chosen method was simply unacceptable and disproportionate to the objectives pursued.

The legislation would initially ban the creation of new profiles for people under 15, while existing accounts would be gradually frozen over four months. The responsibility for age verification would fall on the websites themselves, who would have to align their mechanisms with local privacy laws. The measure would apply to major social networks such as Meta Facebook, Meta Instagram and ByteDance TikTok, while educational services, online encyclopedias and open-source platforms would be exempt. The initiative also fell within a broader set of restrictions that includes a ban on the use of smartphones in secondary schools.

Despite the above exceptions, the court found several serious problems. Namely, the law would also cover services for which the risks to the health and safety of adolescents have not been adequately proven. Moreover, such an age verification system would effectively force all adult users to prove their age, and the proponents did not precisely define the safeguards and limits of such control.

The initiator of the measure, President Emmanuel Macron, followed the advice of the profession and the wishes of the public in supporting the law. Following the decision of the constitutional body, the government will have to rewrite the entire legislative text. While the goal of protecting young people from addiction and harmful content remains valid, the legislator will have to create a more moderate tool that will more accurately distinguish between the risks of individual platforms and respect freedom of communication.