French Constitutional Council strikes down social media ban for minors

The Conseil constitutionnel has censured the core provision of the French law aimed at protecting minors from the risks of social media, ruling that a blanket ban on access to online social networks for children under 15 is contrary to the Constitution. In decision 2026-911 DC, rendered on 14 August 2026 and published in the Journal officiel de la République française n°0197 of 25 August 2026, the Council declared article 1 of the law unconstitutional for lack of proportionality and for failing to provide legal guarantees on age verification.

The law, titled “visant à protéger les mineurs des risques auxquels les expose l’utilisation des réseaux sociaux,” was referred to the Council on 23 and 24 July 2026 by two groups of deputies, including Mathilde Panot, Éric Coquerel and Aurélien Taché on the first referral, and Boris Vallaud, Olivier Faure and Guillaume Garot on the second. The contested article inserted a new article 6-9 into the law of 21 June 2004 on the digital economy (loi n° 2004-575), creating a “Protection des mineurs en ligne” section that prohibited access to social network services for minors under 15.

A disproportionate restriction on freedom of expression

The Council recalled that, under article 11 of the Declaration of the Rights of Man and of the Citizen of 1789, the freedom to communicate thoughts and opinions implies the freedom to access and express oneself on online public communication services. It acknowledged that the legislator pursued legitimate aims — protecting the youngest minors from addiction, isolation, and exposure to pornography, harassment or fraud, in line with the constitutional requirement of the child’s best interest.

However, the Council found the ban overbroad. It applied to any online platform allowing users to connect, communicate, share content and discover other users, without any condition tied to the functionalities, content, or dangers of the service concerned. The exceptions were limited to online encyclopedias, educational or scientific directories, and open-source educational platforms, leaving collaborative leisure, communication and gaming services within the scope of the prohibition.

• The ban could reach services whose risks to minors’ health and safety were not established.
• It applied to all minors under 15 without any individual risk assessment based on age, maturity, family situation or the nature of the service.
• No provision allowed parents or legal representatives, duly informed of the risks, to lift or limit the ban in the child’s interest.

No guarantees on age verification

The Council further held that the prohibition implied, by itself, that every person — including adults — would have to prove their age before accessing the services. Because the law did not determine the conditions and limits under which such proof would be required, the legislator failed to provide the legal guarantees needed to protect the right to respect for private life, enshrined in article 2 of the Declaration of 1789.

The Council concluded that the contested provisions restricted freedom of expression and communication in a way that was neither adapted, necessary nor proportionate to the pursued objective. It therefore declared article 1 contrary to the Constitution without examining the other grievances raised, and did not rule on the constitutionality of the remaining provisions.

The decision was adopted in the Council’s session of 13 August 2026, presided over by Richard Ferrand, with the other members Philippe Bas, Jacqueline Gourault, Alain Juppé, Véronique Malbec, Jacques Mézard, François Pillet, François Séners and Laurence Vichnievsky, and was made public on 14 August 2026.

What it means for platforms and families

The ruling directly affects online platforms and families: the general prohibition on under-15s accessing social networks is void, and any future restriction must be tailored to the risks of each service and allow for parental discretion. It leaves the legislator to design a more proportionate framework, with clear rules on age verification that respect privacy, if it wishes to pursue the protection of minors online.

Source: Journal officiel de la République française, n°0197, 25 August 2026, p. — (official reference: décision n° 2026-911 DC, NOR CSCL2622253S).