France’s top court has blocked a ban on social media access for under-15s, ruling that the law infringed on freedom of expression and privacy. The decision is a setback for President Emmanuel Macron as momentum builds globally for Australian-style restrictions on children’s use of online platforms.
The constitutional council found that while the law mandated users provide proof of age, it did not specify the conditions and limits under which this verification should occur. The court also determined that the restrictions violated the right to privacy and freedom of communication.
“The council holds that the contested provisions, on the one hand, disproportionately infringe upon the freedom of expression and communication and, on the other, fail to provide the legal safeguards necessary to ensure the right to respect for private life,” the council stated.
This legal uncertainty creates a gap in enforcement that operators of these platforms will have to handle. Companies must now balance compliance with French regulations against maintaining access for their user base, which includes a significant number of teenagers.
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Global context and political response
Several nations have adopted similar restrictions following the Australian model, which barred under-16s from leading social media platforms in December. Indonesia and Malaysia have also implemented rules limiting access for under-16s on specific services, while the United Kingdom plans to block major apps for the same age group next year.
In Australia, the affected platforms include Facebook, Instagram, Kick, Reddit, Snapchat, Threads, TikTok, Twitch, X, and YouTube. The European Union has signaled it will seek stronger protections for children, building on the Digital Services Act that already governs tech platforms. European Commission President Ursula von der Leyen recently suggested that “phased and gradual access for different age ranges” is necessary.
Social media companies have generally opposed blanket bans, maintaining that they already have protections in place, such as a minimum age of 13. They have stated they would comply with government restrictions if they are legally sound.
Macron has asked Prime Minister Sébastien Lecornu to rework the legislation to address the council’s concerns. The Élysée stated that the President remains determined for the reform to take effect before the spring 2027 presidential election, when he is ineligible to run for a third term.
