French Constitutional Council strikes down under-15 social media ban, greenlights end-of-life law

The social media ban struck down

The Constitutional Council published six decisions on August 14, including the censure of a law adopted by Parliament on July 21 that would have banned social media access for anyone under 15. The "sages" found that Article 1 of the text carried "a disproportionate infringement on freedom of expression and communication." Their reasoning relied on Article 11 of the 1789 Declaration of the Rights of Man and of the Citizen, part of France's "bloc of constitutionality," which enshrines freedom of expression and communication. The Council wrote that this freedom "is all the more precious because its exercise is a condition of democracy." They concluded that, based on current knowledge of children's brains, public health could not justify so broad a restriction on minors' freedom of expression. The measure had been personally championed by Macron as one of the last flagship policies of his presidency, and the Élysée had intended to promulgate it without delay.

Surprise at the Élysée

The ruling caught Macron's circle off guard. A source in the president's entourage said the administration had expected the Council to limit itself to clarifications or minor adjustments, as it had done with the end-of-life law, and noted that the Élysée had worked extensively with the Council of State in preparation. Macron immediately asked the Prime Minister to draft a new, legally robust version "by spring 2027," a timeline that makes passage before the end of his mandate uncertain. Le Figaro reported that the operation was about "not losing face" after the Council's rebuke. Several lawmakers proposed alternative paths, ranging from a referendum to closer alignment with Brussels.

End-of-life bill approved

In a separate decision the same day, the Council validated the end-of-life ("aide à mourir") bill, another priority for Macron. The twin rulings, along with a third on pesticides, drew criticism from across the political spectrum. Le Figaro editorialist Étienne de Montety wrote that in both the end-of-life and social media decisions, the judges leaned toward a prevailing ideology that invokes freedom while twisting it. Le Temps noted that the social media ruling was met with amusement at Meta, YouTube, and TikTok, and warned that political infighting in France would likely produce unrealistic proposals with no concrete result.

Political reactions and the Ferrand factor

The Council's assertiveness complicated the narrative that the institution is subservient to the Élysée. Its president, Richard Ferrand, was proposed by Macron in February 2025 to succeed Laurent Fabius, a move Marine Le Pen denounced as a "dérive" and Jean-Luc Mélenchon called presidential "combines."

The Constitutional Council cannot be the place where you park your friends.

After the August 14 rulings, Le Pen fell silent and Mélenchon applauded, making it harder for either to accuse the body of being "aux ordres" of the presidency. Renaissance presidential candidate Gabriel Attal called on Macron to submit the social media ban to a referendum. The Council also struck a blow to Senate president Gérard Larcher, according to Libération.