The French Constitutional Council has rejected the main article of the law regarding the protection of minors in the online environment, which provided for a ban on access to social networks for persons under the age of 15. In its decision, the institution argued that the measure represents a "disproportionate infringement" on the freedom of expression and communication, as it would have applied undifferentiatedly to platforms whose direct risks to children have not been proven. As an immediate reaction to the supreme court's decision, President Emmanuel Macron requested Prime Minister Sébastien Lecornu to develop a new revised legislative framework by the spring of 2027, according to CNews and Le Figaro.
The French Constitutional Council on Friday rejected the ban on social networks for persons under 15, considering that this measure brings "a disproportionate infringement" to their freedom of expression. In response, Emmanuel Macron entrusted Sébastien Lecornu with the task of drafting a new bill.
Constitutional judges have rejected one of Emmanuel Macron's promises. On Friday, the Constitutional Council invalidated the ban on access to social networks for minors under 15, considering that the measure represents a "disproportionate infringement" on their freedom of expression.
The institution had been petitioned at the end of July by socialist deputies and members of the La France insoumise formation regarding the first article of the law aimed at protecting minors from social networks. Although it recognized the "constitutional requirement to protect the best interests of the child," the Council emphasized that this extremely broad ban "is likely to apply to online communication services for which the risks to the health and safety of minors are not established."
The requirement, which was supposed to come into force on September 1, provided not only for the removal of the youngest from social networks (TikTok, Snapchat, X, Instagram), but also from social functionalities (distribution channels, comment sections) of very popular platforms such as YouTube, messaging applications such as WhatsApp and Messenger, as well as certain online video games.
Although the law provided for some exceptions, especially for online encyclopedias and educational or scientific directories, these remain far too "limited," notes the Constitutional Council. Having been petitioned exclusively on Article 1, the Council did not rule on the ban on mobile phones in high schools starting September 1, a measure included in the same legislative text.
Emmanuel Macron wants another law
In reaction to this decision, President Emmanuel Macron asked his Prime Minister, Sébastien Lecornu, to develop a new bill by "the spring of 2027," before the end of his second term.
Sarah El Haïry, commissioner for child protection, has already announced the resumption of work:
"I take note of the Constitutional Council's decision regarding the ban on social networks for those under 15, but I do not resign. We are resuming activity, legally secured and in connection with the European Commission, so that this protection becomes a reality. The Constitutional Council's decision closes an opportunity, but it does not close the fight," she declared in a statement.
"Presidential stubbornness has been a bad advisor," commented socialist deputy Arthur Delaporte, who is actively involved in the issue of social network excesses among young people.
Taking note of the Constitutional Council's decision, former Prime Minister Gabriel Attal, currently president of the EPR group in the National Assembly, gave assurances that he will "continue the activity alongside Laure Miller," the deputy responsible for the project, "to achieve a single objective: protecting our children and young people."
The door remains open
In addition to other aspects, the Constitutional Council highlighted the impossibility of parental authority or the legal representative of the minor to authorize access to these platforms, even after an assessment of the ratio between benefits and risks. Furthermore, the law did not take into account the child's level of maturity or their family situation. "Therefore, the legislator could not, without infringing on the freedom of expression and communication, institute a ban of a general nature," concluded the guardians of the Constitution.
In parallel, the challenge of age verification also concerns the institution. Banning social networks for minors under 15 implies that all users, including adults, must disclose certain personal data, which represents an infringement on privacy. Since the text remained vague regarding the conditions and limits of this mechanism, the Council considered that the legislator does not provide "the necessary legal guarantees to ensure this right."
However, the option of banning social networks for minors is not completely closed, if the goal is to protect them. "Such objectives are of a nature to justify the legislator's limitation of minors' freedom of access to these services," the members of the court confirmed. The government or elected officials have the freedom to propose a new legislative text in which the restriction of freedom of expression — a fundamental pillar for the Constitutional Council — passes through the three mandatory tests: it must be necessary, adapted, and proportionate.
Following the announcement made by the Constitutional Council, the Élysée Palace specified that "the objective pursued since 2017 by the head of state regarding the protection of minors in the online environment remains unchanged." Macron immediately asked the Prime Minister to work "as soon as possible" on a "legally robust" drafting that takes into account the decision of the Constitutional Council and the European framework. However, time pressure is becoming a critical factor for voting on the text before the end of the presidential mandate.
The decision remains, however, a hard blow for the Government. As a sign of the importance of this text, Emmanuel Macron had published a video just minutes after the vote at the end of July, hailing "a major step forward."
"France is leading the way in Europe for the protection of our children and adolescents. We continue," he congratulated himself at that time. "It remains for the Constitutional Council to rule, and then we move to action to make this measure concrete," the president added confidently.
The only favorable news for the Executive is that the other articles in the law "regarding the protection of minors against the risks posed by the use of social networks" were not affected by the censorship decision.
By censoring Article 1, which prohibited social networks for those under 15, the legislator is locked into impotence on this subject. It loses the main concrete lever that Union law leaves it: the setting of a minimum age for access. The Council notes that it was necessary...
— Benjamin Morel (@BenjaminMorel63) August 14, 2026