France’s top court strikes down social media ban on children under 15

France’s highest constitutional council has rejected a bill that would There was to be a complete ban on social media use by children below 15 years of age. The law was passed only last month and, if implemented, would have made France the first country in Europe to impose such a ban.

A child looks at a mobile phone screen in the dark, France's social media ban news

Photo: getty images

Why did the court stop the law?

The court stated in its ruling that the law obliges every user, whether a child or an adult, to prove their age, but it did not explain how the age verification process would actually work. The Constitutional Council stated in its statement that the lawmakers failed to establish the necessary conditions and limitations, which does not ensure the protection of people’s rights. This age-verification challenge has been a common problem faced by similar laws around the world.

Macron’s stance remains tough

This decision does not mean that French children have unfettered access to social media. President Emmanuel Macron has instructed Prime Minister Sébastien Lecornu to redraft the bill, taking into account the court’s objections. Macron has previously made statements in support of the ban, so it is certain that the issue will resurface soon.

Australia-like model, mixed success

This French law is similar to one in Australia that prohibits children under the age of 16 from using platforms like Facebook, TikTok, Switch, and YouTube. This Australian law has faced legal challenges from social media companies, and some studies have shown that a significant number of children are still active on the banned platforms in some form, meaning the ban has not been completely effective.

There is also a stir in Europe and the rest of the world

France isn’t the only country serious about restricting social media for children. Denmark is close to introducing similar legislation for users under 15, while Britain is considering a ban for those under 16, following Australia’s example. Regulators in Canada have introduced their own bill to ban social media for those under 16. Several US states have also enacted laws to limit children’s social media use, though these aren’t blanket bans and typically require parental consent.

This decision by the French court once again highlights the challenge of striking a balance between children’s online safety and citizens’ privacy and rights. Governments around the world are trying to enact laws to protect children from the harmful effects of social media, but technical and legal hurdles like age verification repeatedly hamper these efforts. In France, this debate is far from over. A new draft may be released soon.

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