France’s Constitutional Council, in a decision published on 14 August, has held unconstitutional a law that would have banned all social media use for those aged under 15.

The Council considered Articles 11 and 34 of the Declaration of the Rights of Man and of the Citizen of 1789 which provide, respectively, the right to freedom of expression and the right of the law to “lay down rules” concerning the exercise of civic rights and public freedoms. They noted the intention of the legislature to protect minors from the harms that can be caused by the use of social networking services and the intention to implement the constitutional requirement to protect the best interests of the child. 

However, considering the blanket approach of legislation and the lack of any conditions where holders of parental authority, being informed of the risks and in the best interests of the child, could decide to lift the ban it was held unconstitutional. The Council found that the legislation infringed on minors’ right to freedom of expression in a way that was not appropriate, necessary or proportionate to the objective pursued.

The Council also considered that the proposed ban would require all persons, even an adult over the age of 15, to prove his or her age before accessing social media services. This aspect of the legislation was found in breach of the right to private life.

The ban was due to come into effect from 1st September banning those under 15 from opening new accounts and requiring existing accounts to be closed within four months.

It is understood that Prime Minister Sébastien Lecornu will draft a new version of the bill.