French Top Court Gets It Right, Strikes Down Social Media Ban For Youths

Earlier this month, France’s top court struck down the country’s legislation that banned social media use for people under 15 years old, which had been scheduled to take effect in January 2027. This is a welcome win for free expression, as we face a wave of countries and U.S. states seeking to pass similar laws banning young people from social media. 

In particular, the Constitutional Council’s decision focused on two components:

Infringement on Free Expression

The Council ruled that the legislation banning under-15s from social media infringed on freedom of expression and communication in a manner that is not appropriate, necessary, or proportionate, which is required by Article 34 of the French Constitution. In particular, it stressed that the ban did not distinguish between different types of online services, and ignored the circumstances of individual users, such as their exact age, level of maturity, and family situation.

The evidence is clear: these are reckless and harmful laws that negatively impact all people, not just those under 15. These measures chill all users’ exercise of the right to free speech and expression online by imposing obstacles on sites or by wrongfully blocking people’s access outright.

By forcing young people into digital isolation, these bans curtail vital access to news and resources for health and development; especially for LGBTQ+ and marginalized youth as social media can often be the only place to find community, explore their identity, or access life-saving resources. They also completely ignore the calls of young people themselves who favor digital literacy and education over surveillance and government control. 

These bans also destroy the right to online anonymity—a cornerstone of our right to free expression that in particular protects whistleblowers, journalists, activists, and immigrants.

Infringement on the Right to Private Life 

The Council’s second objection noted that the law requiring every person, even adults, to prove their age before accessing social media platforms impedes the right to private life, and thus infringes on Article 2 of the Déclaration de 1789.

The French Council gets a lot right in this decision: it highlights that bans like this impact not just young people, but everyone online. They force people of all ages to hand over government IDs, face scans, and other sensitive information into a growing surveillance ecosystem. Further, when parental consent is required, companies must collect even more verification data on the parents.

We know that when people are forced to hand over this information, age verification systems frequently misidentify or lock out people of color, people with disabilities, and trans or gender-nonconforming individuals whose IDs may not match their appearance; adding to the privacy concerns around these bans.

Next Steps 

As all bills in France are subject to scrutiny by the Constitutional Council to ensure compliance with the French Constitution, French President Emmanuel Macron has tasked Prime Minister Sébastien Lecornu to re-work the legislation with a goal to adopt a ‘legally robust’ version of the social media ban. 

Public policy must be effective, proportionate, and respectful of fundamental rights; and the ruling by the Constitutional Council has ramifications beyond France. It sends a message of caution to Brussels, where the EU Commission is working on an EU-wide bill on access restrictions. These legal restrictions would likely require problematic age verification of users. The prominent EU digital identity wallet and the “mini” age verification app, presented as privacy-robust options, instead raise serious privacy and security concerns.

Young people deserve better than a policy built on panic, and all internet users deserve a safe and free internet that includes measures to empower all people with the knowledge they need to navigate online spaces safely. A social media ban generates headlines, but it will not solve the problem.