France's top court blocks social media ban for under-15s Constitutional Council rules sweeping ban violates freedom of expressionFrance's highest constitutional authority has blocked legislation banning children under 15 from social media, ruling that the measure infringed their freedom of expression and communication. The legislation, approved by French lawmakers in July, was intended to make France the first European country to impose such a blanket age restriction. President Emmanuel Macron had planned to introduce the ban in stages from September, but Friday's ruling has now forced the government back to the drawing board. Court says ban was not proportionateFrance's nine-member Constitutional Council ruled that the central provision of the legislation represented an infringement of freedom of expression that was “neither appropriate, necessary, nor proportionate.” The council also raised serious concerns about the requirement for users to prove their age before accessing online services. It said the legislation failed to provide sufficient legal safeguards around the collection and use of such information. That creates a major problem for governments across Europe that are increasingly turning towards age-verification systems as a way of restricting children's access to social media. Macron refuses to abandon the planDespite the ruling, Macron immediately made clear that he has no intention of giving up. He asked Prime Minister Sébastien Lecornu to prepare a new version of the legislation taking the council's objections into account. The French president's office said the government would work “as quickly as possible” on a replacement and that Macron remained determined to have the reform implemented by early 2027. The original legislation would have prevented under-15s from opening social media accounts from September, with age verification required for new accounts. From January, the restrictions would have extended to existing accounts. Privacy and enforcement problems remainOpponents of the French law had already questioned whether such a ban could actually work. Among the biggest concerns were privacy, the reliability of age-verification technology and the possibility of children simply finding ways around the restrictions. There were also questions about whether the legislation had been rushed through without properly resolving how platforms would enforce it. Those problems have now been reinforced by the Constitutional Council's ruling. Australia has already tried itAustralia became the first country to introduce a nationwide social media ban for children, setting the minimum age at 16 last December. But the Australian experience has hardly demonstrated that such restrictions are foolproof. Many young Australians continue to access social media despite the restrictions, highlighting one of the fundamental problems confronting governments: a legal ban is considerably easier to announce than it is to enforce online. Europe heads in the same directionThe French ruling comes as governments across Europe increasingly consider similar restrictions. European Commission President Ursula von der Leyen proposed a European “social media delay” for children in May, while Britain has also announced plans to restrict social media access for under-16s from January 2027. Britain is additionally considering an optional midnight social media curfew for teenagers aged 16 and 17. A battle between child protection and libertyThe French ruling exposes the central dilemma facing governments trying to protect children online. There is widespread concern about the effects of social media on young people's mental health, but governments must also contend with privacy, freedom of expression and the practical reality of enforcing age restrictions on the internet. France has not abandoned its proposed ban. But its highest constitutional authority has delivered a powerful warning: protecting children does not give governments unlimited power to restrict their access to speech and communication. The next French law will have to find a way to protect children without falling foul of the very constitutional freedoms it is supposed to respect. SOURCE
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