France’s top court blocks social media ban for under-15s

3 min readSources: Techdirt

France's Constitutional Council overturned a law banning social media for those under 15.

Why it matters: Legal professionals and policymakers should watch this ruling as it sets a precedent on minors' digital rights and privacy. It challenges how nations balance child protection with freedom of expression amid EU digital regulation trends.

  • On August 14, 2026, France's Constitutional Council struck down the under-15 social media ban for violating fundamental freedoms.
  • The law was intended to take effect in September 2026, part of President Macron’s final-year initiatives.
  • The Council found the law lacked legal safeguards and disproportionately restricted freedom of expression and communication.
  • President Macron plans to reintroduce a revised law by spring 2027, aligning with constitutional and EU frameworks.

On August 14, 2026, France's Constitutional Council ruled against a law banning children under 15 from using social media, citing violations of fundamental constitutional freedoms such as freedom of expression and communication. The law, which was scheduled for implementation in September 2026, was a key component of President Emmanuel Macron’s efforts to protect minors online during his final year in office. As articulated in the official ruling, the Council stated: "The contested provisions... cause disproportionate damage to freedom of expression and freedom of communication, and do not provide for the legal guarantees necessary to ensure the right to respect for private life." (AP News)

President Macron has expressed a strong stance on protecting children from digital harms, famously stating, "Our children's brains are not for sale." However, acknowledging the Council's decision, he has tasked Prime Minister Sébastien Lecornu with drafting a new proposal that complies with both French constitutional norms and European legal frameworks. This revised law is expected by spring 2027. (AP News)

This ruling occurs in the broader context of the European Union’s Digital Services Act (DSA), which mandates online platforms to implement measures protecting users, especially minors, from harmful content such as cyberbullying and hate speech. While the DSA focuses on platform responsibility without outright bans, the French case highlights tensions between strict national protective rules and fundamental rights.
EU Digital Services Act and minors’ protection

Legal professionals and policymakers across the EU will likely scrutinize France’s experience as a bellwether for regulating minors’ digital rights. The balance between protecting children and preserving constitutional freedoms remains an unresolved challenge against the backdrop of evolving technology and regulation.

By the numbers:

  • August 14, 2026 — Date France's Constitutional Council overturned the under-15 social media ban
  • September 2026 — Intended implementation of the blocked law
  • Spring 2027 — Targeted date for reintroduction of revised legislation

Yes, but: The revised law's details are pending, leaving uncertainty about how future restrictions will meet constitutional safeguards.

What's next: Prime Minister Sébastien Lecornu is tasked to draft a legally compliant revised social media law by spring 2027.