France’s top constitutional authority on Friday struck down a ban on social media access for children under 15, dealing a blow to the legislation championed by President Emmanuel Macron.
The Constitutional Council found that Article 1 of the legislation “constitutes an infringement that is neither appropriate, necessary, nor proportionate” to the freedom of expression and communication of those under 15.
In its ruling, the Constitutional Council also expressed concern about the potential impact on privacy of introducing an age-verification system for all users.
The law, which was due to take effect on Sept. 1, would have barred younger users from social networks such as TikTok, Snapchat and Instagram, among other restrictions.
The French government had promoted the ban as a way to better protect young people from the harmful effects associated with social media platforms, including anxiety, depression, sleep disorders and online harassment.
Macron had in July thanked members of Parliament for backing the legislation and pledged to enforce it by September.
After the ruling, the Elysee Palace said Macron had tasked Prime Minister Sebastien Lecornu with working on a new “legally robust draft” of the legislation.
Lecornu will have to work “as quickly as possible” on a draft that takes into account both the Constitutional Council’s ruling and the European regulatory framework, the palace said.
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The presidency said Macron’s determination to see the reform implemented remained undiminished.
Macron has made online child safety a defining issue of the final years of his presidency, and a new ban could be one of the last major domestic reforms he ushers through. Macron will mark a decade in office next year, and he cannot run again in April’s national election as, like the U.S., France has a two consecutive term limit for its presidents.
Following Friday’s ruling, Macron’s former prime minister, Gabriel Attal, who backed the proposal, expressed his disappointment.
“We take note of it and respect this decision, which applies to everyone,” he said on social media, vowing to continue fighting against what he described as “a deadly poison for our children.”
The Constitutional Council did not rule on a separate provision banning mobile phone use in high schools starting Sept. 1. Students are already prohibited from having phones in French elementary and middle schools.
A growing number of countries are taking steps to restrict social media access amid increasing warnings over its harmful effects on children.
