French Constitutional Council revokes social media ban for children under 15

OnFriday, the French Constitutional Councilannulled the law promoted by the government of Emmanuel Macron and passed by Parliament at the end of July, which prohibited the useof social networks by children under 15 years of age, but the Court ruled that this wasdisproportionate A0 and contrary to freedom of expression and communication.

In particular, it considers that the law is unconstitutional because it lacks sufficient precision, since the restriction on freedom of communication and access to information "is not adequate, necessary or proportionate to the purpose pursued".

"These provisions, which deprive minors of freedom of access to certain Internet communication services, violate freedomof expression and communication, "the French high court said in its judgment on Friday.

While acknowledging thatthemeasure is intended to ensure the "constitutional requirement for the protection of the best interests of minors", the prohibition could be extended to other means in cases where "risks to the health and safety of minors" have not been established.

Similarly, the text does not provide "sufficient legal guarantees"to protectthe privacy of users, as access to social networks would require all users, including adults, to "provide proof of age. "

Macron is working on the new text.

In response to the ruling, French President Emmanuel Macron has asked Prime Minister Sebastien Lecornu to make a "legally sound wording" in light of that ruling and the European framework, which aims to carry out this reform "before the springof 2027. "

"At the initiative of France, more than thirty states around the world have proposed a ban on social networksfor minors in the coming months, and the European Commission is working to harmonise these provisions for the European Union, "the Elysée said in a statement.

Thus, since raising this issue in 2017, the goal is to "protectthe best interests and health "of minors, given the" adverse effects "of social media on them, which are" scientifically documented. "

Problems with European regulations

Initially, the measure presented by MPLaure Miller was intended to enter into force from September, coinciding with the start ofthe school year.

The legislation also had problems with European legislation , which included a 'blacklist' of platforms, which had to be amended after the European Commission ruled in early July that some provisions risked violating the European Digital Services Regulation (DSA) because they gave the French regulator too many powers.

The text did not specify the verification methods to be used to verify the age of users, but left it to the platforms to establish their own method. The initiative also prohibited the useof mobile phones in institutes, specifically at baccalaureate levels, although the court has not ruled on this issue.