The setback forces Emmanuel Macron’s government to rethink how child protection can coexist with minors’ rights and parental choice.

France’s Constitutional Council has halted the introduction of a ban on social media access for children under 15, which was due to take effect in September. On Friday, the body struck down the relevant provision of the bill, casting doubt on one of the key initiatives of Emmanuel Macron’s second and final presidential term.

While reviewing the legislation for compliance with the Constitution, the council found the proposed restrictions disproportionate. In its view, a blanket ban would unduly restrict minors’ right to freedom of expression and communication.

Had the law been enacted, France could have become the first country in Europe to impose an age-based ban on the use of social media platforms. Macron also sought to make the issue a major priority on the European Union’s agenda. European Commission President Ursula von der Leyen is expected to unveil measures in September that could be extended across the bloc.

French Authorities to Revise the Bill

Following the Constitutional Council’s decision, the Élysée Palace said the authorities had no plans to abandon age restrictions for social media. Spring 2027, when Macron is due to leave office, has been set as the new target date for implementing the initiative.

The president instructed the prime minister to quickly prepare a legally sound version of the bill that takes the council’s findings into account. Its decision leaves open the possibility of reconciling child protection with fundamental rights if the new rules provide for a more flexible approach and greater parental authority.

Peter Craddock, a senior Brussels-based lawyer who advises companies that own social media platforms, believes the French decision could have consequences far beyond the country.

Essentially, they are saying: “Look, government, if you want this to succeed, you cannot rely solely on a blanket ban. There must be limits. People should be able to say, ‘In my particular case, my son or daughter has a certain level of maturity and is capable of using it responsibly.’”

– Peter Craddock, partner at Keller & Heckman

Why the Constitutional Council Rejected the Restrictions

The government bill completed the legislative process after lengthy discussions in early summer. However, Article 1 of the legislation effectively imposed the same ban on all users under the age of 15.

The Constitutional Council concluded that the provision did not adequately account for the varying levels of risk posed by different platforms or for minors’ individual vulnerability and maturity. Moreover, the restriction would have applied to online services that had not been proven to pose a threat to children’s health and safety.

Therefore, the main problem with the legislation was not its goal of protecting minors, but the proposed mechanism for achieving it. The new version of the law must be more precise, proportionate to potential risks, and provide for exceptions based on individual circumstances.

Implications for Other European Union Countries

Other EU member states are closely monitoring the French initiative. Greece and Denmark had planned to introduce similar age restrictions following France’s lead.

Peter Craddock warned that the Constitutional Council’s legal reasoning could affect both national bills in other countries and future measures by the European Commission. The decision is based on fundamental rights that apply not only in France but throughout the European Union.

This reasoning is equally relevant internationally, across the EU, because this fundamental freedom is not unique to France.

– Peter Craddock

The French government must now develop a new model for age restrictions on social media. It must strengthen child protection while recognizing the role of parents and avoiding disproportionate restrictions on minors’ freedom of communication.