French social media ban for under-15s faces constitutional test

A bill aimed at protecting children from risks associated with the use of social media was adopted by the French National Assembly on 21 July. The bill provides for a ban on online platforms enabling children under the age of 15 from accessing social media services they offer. However, the legislation is subject to a review by the French Constitutional Council after it was opposed by some law makers.

Under the French Constitution, a law may be referred to the Constitutional Council for review before its promulgation if the referral is supported by at least 60 members of the National Assembly or 60 senators. In such cases, the Constitutional Council is required to issue its decision within one month, though there are circumstances in which the French government can request a decision within eight days under an urgency procedure.

According to the members of the French parliament who referred the bill to the Constitutional Council, the proposed general ban on social media access for minors is contrary to several constitutionally protected rights and freedoms. They argue, in particular, that it disproportionately interferes with the right to privacy, the freedom of expression and communication, as well as the constitutional requirement to protect the best interests of the child.

The Constitutional Council could uphold the law in its entirety, declare certain provisions unconstitutional while allowing the remainder of the law to be promulgated, or strike down the law in its entirety. Its decision, which will be published on its official website, is final and binding on all public authorities. It is not subject to appeal. Any provisions found to be unconstitutional cannot be promulgated and therefore cannot enter into force.

Annabelle Richard of Pinsent Masons in Paris said the bill’s original ambitions were scaled back during the legislative process.

“Initially, the creation of a blacklist of banned social media platforms was envisaged,” said Richard. “This proposal, introduced by the Senate, was ultimately abandoned following a negative opinion issued by the European Commission on 6 July 2026. The Commission considered that certain aspects of the Senate’s version encroached upon matters already governed by the Digital Services Act (DSA), risked creating fragmented national rules across the EU, and could have granted excessive powers to ARCOM – France’s audiovisual and digital communications regulator – which was expected to compile and maintain such a blacklist.”

According to Richard, the effectiveness of the proposed social media ban will largely depend on the reliability of age-verification mechanisms, highlighting that online platforms would need to ensure those mechanisms adhere to legal requirements, such as those set out in the General Data Protection Regulation (GDPR).

“In this regard, age verification could rely on the EU Age Verification Solution, a technical framework developed by the European Commission that enables users to prove their age without disclosing their identity,” said Richard. “The system is based on an age credential issued by a trusted third party. Users can then demonstrate that they belong to a specific age category – such as over 15 – without revealing the user’s name, date of birth, or other personal information. Although this solution has not yet been implemented across EU member states, the European Commission encourages countries to adopt it before 31 December 2026.”

The European Commission is currently considering whether to introduce a new set of EU-wide measures in relation to child online safety. An expert panel it set up to advise it on the topic recently recommended that “a harmonised EU-wide access restriction to social media and other digital services, including AI companions, for children under 13” be introduced.

Under those proposals, children under the age of 13 in the EU would only have access to social media and other digital services in limited circumstances. Those include where the digital environment is “age-appropriate”, access is “time-limited”, and if there is either “parental authorisation and supervision” or access is enabled “in educational contexts”. The restriction would be underpinned by “proportionate” but “effective” age-assurance systems. For children aged between 13 and 18, a further set of measures were recommended – including “protective default settings” and limits on “infinite scrolling”. 

Late last year, Australia became the first country in the world to ban children under the age of 16 accessing social media platforms. Earlier this summer, the UK government outlined its own plans to prohibit social media platforms from offering their services to children under the age of 16, from spring 2027.