In a significant blow to President Emmanuel Macron, France’s Constitutional Council has censured a controversial law that would have banned minors under 15 from using social media platforms. The ruling, published on Friday, August 14, declared that the proposed legislation violated fundamental freedoms of expression and communication.
The Council determined that the measure was “not adapted, necessary, and proportionate to the objective pursued,” effectively halting what had been one of Macron’s final major political battles at the Élysée Palace. The decision marks a stinging defeat for the French leader, who had invested considerable political capital in the initiative over recent months.
Constitutional Concerns Over Broad Restrictions
The law, which was set to take effect on September 1, would have barred young teens from accessing major platforms including TikTok, Snapchat, X, and Instagram. It also targeted social features on YouTube, messaging services like WhatsApp and Messenger, and certain online video games.
While acknowledging “the constitutional requirement to protect the best interests of the child,” the Council highlighted that the sweeping ban could apply to online communication services “whose risks to the health and safety of minors are not established.” The institution had been petitioned in late July by Socialist and La France Insoumise deputies.
The legislation did include exceptions for online encyclopedias and educational or scientific directories, but the Council found these exemptions too “limited” in scope. The government had argued the law was necessary to combat anxiety, depression, sleep disorders, and online harassment among youth, a position supported by numerous child advocacy groups and over two-thirds of 10-14 year olds, according to a July study by French media regulator Arcom.
Privacy Fears Over Age Verification Systems
Beyond free speech concerns, the Constitutional Council raised alarms about the potential impact on user privacy. The law would have required platforms to implement age verification systems at registration without specifying technical details or safeguards.
“Failing to determine the conditions and limits” of such age verification, the Council stated, “the legislator has not provided the legal guarantees” necessary to protect the right to privacy. This lack of clarity was deemed a fatal flaw in the legislation’s design.
The text had undergone extensive revisions between the National Assembly and Senate, with the upper house initially rewriting large portions to include a “blacklist” of targeted social networks. However, the final version adopted on July 21 abandoned this approach amid concerns about compliance with European law.
Macron Vows to Press Forward
Despite the setback, the Élysée Palace signaled the president’s unwavering commitment to the reform. Macron has tasked Prime Minister Sébastien Lecornu with redrafting the legislation “as soon as possible,” taking into account the Council’s decision and the European regulatory framework.
According to presidential aides, Macron’s “determination” to see the reform through “by spring 2027 remains total.” The president has championed the cause since spring 2024, making it one of his three top priorities for the current year.
The ruling underscores the ongoing tension between child protection efforts and fundamental digital rights in France and across Europe. As lawmakers prepare a revised text, the challenge will be crafting age-appropriate safeguards that withstand constitutional scrutiny while addressing genuine concerns about youth mental health and online safety.
