France’s Constitutional Council Strikes Down Under-15 Social Media Ban

In its August 14 decision, the country’s top constitutional body said provisions of the legislation infringed on freedom of expression and communication without providing sufficient legal safeguards to protect those rights.

France had passed the blanket social media ban last month, becoming the first European Union country to introduce such a nationwide restriction amid growing concerns over the impact of online content on children.

The measure had received support from both chambers of Parliament and also included restrictions on mobile phone use in high schools. It was among the final major pieces of legislation adopted during President Emmanuel Macron’s current term.

Macron had hoped the social media restrictions would come into force at the beginning of the new school year in September. However, the legislation was sent for constitutional review before it could be implemented.

Following the ruling, Macron said he remained committed to introducing measures to protect children from the potential harms of social media.

He instructed Prime Minister Sébastien Lecornu to work on a revised proposal that complies with the Constitutional Council’s decision and European legal requirements.

Macron said the government would seek to develop a legally sound approach that could be adopted by the end of his current term.

The ruling comes as governments around the world debate how best to protect young people online while preserving rights such as freedom of expression and access to information.

France’s proposed restrictions had attracted significant attention because of their broad scope, with supporters arguing that stronger age limits are needed to address concerns surrounding children’s exposure to harmful digital content.

The government must now reconsider how such protections can be introduced without violating constitutional and European legal safeguards. – TS/ERMD

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