The court ruled that the blanket restriction violated freedom of expression and privacy, forcing Emmanuel Macron’s government to redesign one of its flagship child-protection measures.
PARIS, FRANCE | EUROPE | AUGUST 2026
France’s Constitutional Council has struck down legislation that would have prohibited children under the age of 15 from accessing social media, delivering a significant setback to President Emmanuel Macron’s digital policy agenda.
The measure, approved by both chambers of Parliament in July, was scheduled to take effect on September 1. It would have prevented children younger than 15 from opening new accounts on platforms such as TikTok, Instagram, Snapchat and Facebook.
Existing accounts belonging to underage users would have been closed within four months. Social media companies would also have been required to introduce age-verification systems approved by France’s data protection authority.
The Constitutional Council concluded that the legislation disproportionately restricted freedom of expression and communication. It also found that lawmakers had failed to establish sufficient safeguards to protect users’ privacy.
One of the court’s central objections concerned the requirement that every user—not only children—provide proof of age. The law did not clearly define how that information would be collected, processed or protected, creating concerns over the potential exposure of sensitive personal data.
The ruling does not reject the principle of protecting minors from harmful digital content. Instead, it establishes that any restriction must be clearly defined, proportionate and compatible with constitutional freedoms.
Macron had promoted the ban as one of the final major reforms of his presidency. He has repeatedly argued that children’s emotions, attention and development should not be manipulated by foreign technology companies and recommendation algorithms.
Following the ruling, the president instructed Prime Minister Sébastien Lecornu to prepare a legally stronger proposal that addresses both the Constitutional Council’s objections and the European Union’s regulatory framework.
The Élysée Palace said Macron remains determined to introduce the restriction by spring 2027, before the French presidential election. He cannot seek a third consecutive term.
France had become the first European Union country to approve a blanket social media ban for children under 15. The legislation followed Australia’s prohibition for users under 16 and formed part of a broader international movement to reduce minors’ exposure to addictive design, cyberbullying, sexual exploitation and harmful content.
Technology companies have generally opposed universal bans, arguing that age-specific protections, parental controls and safer platform design offer more proportionate alternatives. Governments and child-safety organizations counter that voluntary measures have failed to prevent widespread harm.
The European Commission is preparing its own proposal for stronger child protection across digital platforms. Its emerging approach favors gradual access according to age, increased parental supervision and restrictions on particularly harmful functions instead of an automatic ban covering every service.
The French ruling therefore extends beyond a domestic legal dispute. It illustrates the challenge facing governments attempting to protect children without constructing intrusive identification systems or limiting their fundamental right to communicate.
France has not abandoned its objective, but its original timetable and enforcement model have collapsed. The next proposal will need to reconcile child safety, technological feasibility, privacy and constitutional law within a single regulatory structure.
Más allá de la noticia, el patrón. / Beyond the news, the pattern.