France's Constitutional Council struck down a ban on social media for children under 15
France's Constitutional Council struck down a law that was meant to shield minors from social media dangers, ruling it an excessive restriction. The justices held that an outright ban for all children under 15, without regard for individual maturity or family circumstances, was not a proportionate measure but rather a sledgehammer to crack a nut. In an age when digital literacy is becoming as essential as reading and writing, how and when to admit children to the internet remains one of the most vexing questions for modern democracies. France, whose philosophical tradition has always defended freedom of thought, once again finds itself caught between safety and liberty, between parental oversight and state regulation.
On Friday, France's Constitutional Council struck down a law banning children under 15 from accessing social media, ruling that the measure constituted a disproportionate infringement on freedom of expression. The constitutional body said the blanket prohibition would apply to online communication services whose health and safety risks for minors had not been established, Franceinfo reported. It also noted that the law did not take into account the age of minors, their family situation or level of maturity, nor did it define conditions under which parents could grant access or lift restrictions.
Following the ruling, the Élysée Palace announced that President Emmanuel Macron had instructed Prime Minister Sébastien Lecornu to draft a legally sound revision of the bill as soon as possible, taking into account the Council's decision and European norms. The president's office added that Macron remained fully committed to completing the reform by spring 2027. The legislation, originally scheduled for September, was a flagship proposal backed by Macron to protect the health and safety of minors. The bill was passed by the French parliament on 21 July.
France is no stranger to the tension between child online protection and constitutional freedoms. In 2023, similar efforts to regulate access to pornographic websites also ran into legal hurdles. The Constitutional Council, whose role is to review laws against the country's founding charter, in this case found a violation of Article 11 of the Declaration of the Rights of Man and of the Citizen, which guarantees freedom of expression.
Macron's government, which had made the law a social policy priority, must now find compromise language that accounts for both children's age specific needs and parental rights. The European Union is also actively discussing digital regulation, and the French precedent could shape future EU wide norms. At the same time, supporters of the law warn that its annulment leaves millions of children unprotected against cyberbullying, disinformation and content harmful to mental health.
As CCTV+ reports, the French Constitutional Council's ruling is not just a legal quirk but a reflection of a deep seated contradiction of our time: how to protect children without turning the state into a nanny, and how to preserve freedom without sacrificing safety – a question that remains to be answered not only by France but by all of Europe.
