France: the highest constitutional authority contradicted Macron and rejected the ban on social networks for minors under 15 years of age

The country’s highest constitutional authority estimated that article 1 of the law intended to protect minors from the risks to which the use of social networks exposes them “represents a violation that is neither appropriate, necessary nor proportionate” to the freedom of expression and communication of minors under 15 years of age.

The institution had been consulted at the end of July by socialist and radical left deputies about article 1.

Although the Council recognizes “the constitutional requirement to protect the best interests of the child”, it points out that this very broad prohibition “is susceptible to being applied to online communication services whose risks to the health and safety of minors (…) are not established.”

The law, which was to come into force on September 1, contemplates leaving the youngest people out of social networks (TikTok, Snapchat, X, Instagram…), but also preventing them from using communication spaces on some websites such as YouTube; messaging services such as WhatsApp and Messenger and some online video games.

Although the law provided for exceptions, in particular for online encyclopedias and educational or scientific sites, these remain too “limited”, warns the Constitutional Council.

Shortly after, French President Emmanuel Macron instructed Prime Minister Sébastien Lecornu to “work” on “a legally sound drafting” of the text “in the shortest possible time”, taking “into account the decision of the Constitutional Council.”

The French Presidency stressed that its commitment to carry out this law “between now and spring [boreal] of 2027 is still total.

French law is part of a global movement and the country was a pioneer in Europe in doing so.

At the end of 2025, Australia became the first State to ban social media for those under 16 years of age.

Since then, numerous countries have adopted or announced they are considering similar bans, including Brazil, Indonesia, the United Kingdom and New Zealand.

For its part, the European Commission announced in July its intention to establish “progressive and gradual” access for minors to social networks.

The Constitutional Council ruled only on article 1, and not on the ban on cell phones in secondary schools as of September 1, a measure that also includes that law.