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France's under-15 ban dies on the arithmetic of age gates: to check minors, you check everyone

The Constitutional Council struck down Macron's flagship social media ban days before it was due to take effect, and its reasoning sets the test every EU age-assurance mandate now has to pass.

The Investor · Invest desk

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Illustration accompanying France's under-15 ban dies on the arithmetic of age gates: to check minors, you check everyone
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What happened

  • At the end of last week, France's Constitutional Council blocked a bill that seeks to ban social media access for under-15s.
  • The court ruled that the Macron government's ban violated freedom of expression and the right to privacy for all internet users regardless of age.
  • The ruling states: "By prohibiting minors under the age of 15 from accessing certain online services, the law inherently requires every person, even an adult, to prove their age before accessing them."
  • The decision said: "The Council holds that the contested provisions, on the one hand, disproportionately infringe upon the freedom of expression and communication and, on the other, fail to provide the legal safeguards necessary to ensure the right to respect for private life."
  • The Constitutional Council considers protecting children a legitimate objective and explicitly recognises that social networks can expose children to addiction, isolation, pornography, harassment and fraud, and that protection of the best interests of the child may justify limiting access to online services in the future.

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Why it matters

France's Constitutional Council last week blocked the bill banning social media accounts for under-15s, holding that it disproportionately infringed freedom of expression and failed to provide the legal safeguards needed to protect private life [1][4]. The reasoning matters more than the outcome: the court found that barring minors from a service "inherently requires every person, even an adult, to prove their age before accessing them" [3], which converts a child-safety measure into universal identity checking and drags every adult user into the privacy analysis [2].

That is the constraint compliance teams should be reading. According to the account in Naked Capitalism, which quotes the decision, the Council did not treat child protection as illegitimate. It explicitly recognised that social networks can expose children to addiction, isolation, pornography, harassment and fraud, and that the best interests of the child may justify limiting access to online services in future [5]. What failed was the drafting. The law set out no conditions under which parents could lift the ban, narrow it, or permit access to particular services [6]; no clear rules on how a person proves their age or what limits apply [7]; and no rules on how, within what limits, or with what guarantees users' data would be collected [8].

The timing is what makes this expensive. The ban was scheduled to enter into force on September 1, accounts already open by that date would have had to be closed within four months, and platforms would have had to stand up age verification systems [9]. Four months from September 1 puts the deletion deadline in early January [17], so the work was already scoped and staffed. It has now been invalidated not on cost or feasibility but on the absence of a data-handling regime around it.

The politics are awkward for the government. The source describes the ruling as an embarrassing setback for President Macron, who had invested political capital in the legislation and encouraged other European countries to copy it [10]. France is also one of seven EU member states piloting the bloc's age verification app [11]; Ursula von der Leyen said on April 16, 2026 that the DSA supplies EU-wide rules and the app is being piloted in France, Denmark, Greece, Italy, Spain, Cyprus and Ireland, with wider availability to follow [12]. A national mandate has now been struck down for lacking safeguards in a jurisdiction that is simultaneously test-driving the tooling.

Read narrowly, this is a ceiling with a door in it: specify the verification method, the data limits, the retention guarantees and the parental override, and the same objective may survive. Reclaim the Net, cited by the same source, calls the ruling a win for privacy whose impact may be short-lived [13]. Naked Capitalism has argued since a November 19, 2024 post that age verification functions as a route to mass digital ID because it captures everyone, not only minors [16].

Watch whether the French bill returns with an explicit data schedule, and whether that schedule simply names the EU pilot app as the safeguard. Watch the UK vote, expected by Christmas [15], and Australia's under-16 ban, in force since December last year [14], for whether either statute contains the specificity France was found to lack.

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