The Conseil constitutionnel has ruled against the law banning social media platforms for minors under 15 years old, calling the measure “too general” and “not adapted, necessary, or proportional” to the goal of protecting children’s rights. The decision comes after the Council rejected the law during its review process, citing concerns over freedom of expression and communication. This ruling has sparked widespread debate among political figures and legal experts, with some calling for a referendum to bypass parliamentary procedures and directly involve citizens in the decision-making process. Gabriel Attal, candidate for the presidency of the Republic under the Renaissance party, has called upon President Emmanuel Macron to submit the issue to a national referendum. In an article published in La Tribune, he argues that the current legislative process would delay the implementation of the measure by nearly two years, leaving millions of children exposed to potentially harmful online content. He contends that a referendum would allow for quicker action and ensure that the French people have a direct say in shaping policies affecting their children. Attal, who played a key role in drafting the original legislation, claims that the law falls within the scope of Article 11 of the Constitution, which allows for referendums on matters of social policy. The Conseil constitutionnel’s rejection of the law was part of a broader set of rulings issued this week. Alongside the social media ban, the Council validated several other laws, including one allowing assisted dying under strict conditions and measures related to agriculture and security. However, it struck down parts of the controversial “Ripost” security law, rejecting seven provisions deemed unconstitutional and labeling others as “cavaliers”, legislative proposals unrelated to the original text. The Council also upheld certain agricultural reforms, such as the temporary reintroduction of two banned pesticides, though these were subject to additional restrictions. Among the most contentious decisions was the ruling on the right to die with assistance. The Council found no constitutional violations in the law, effectively paving the way for euthanasia and physician-assisted suicide under specific circumstances. It allowed for exceptions, such as the ability of entire institutions, like Catholic clinics, to opt out based on freedom of enterprise and association. Additionally, pharmacists were granted a “conscience clause,” enabling them to refuse compounding lethal substances. These rulings reflect a growing willingness of the Council to expand individual rights while maintaining constitutional boundaries. The decision to block the social media ban has drawn sharp criticism from lawmakers and civil society groups. Some argue that the Council’s interpretation of proportionality is overly broad, undermining efforts to protect young users from digital risks. Others point to the lack of safeguards for privacy and age verification, which the Council cited as major flaws. Meanwhile, supporters of the law contend that the Council has overstepped its authority by imposing a rigid framework that fails to account for the complexities of modern technology and parental oversight. As the debate continues, the government faces mounting pressure to find a compromise. Prime Minister Sébastien Lecornu has been tasked with revising the law to meet the Council’s requirements, but the process could take months. In the meantime, activists and parents remain divided, with some advocating for stricter controls and others warning against excessive regulation. The situation highlights the ongoing tension between state intervention in personal freedoms and the need to safeguard vulnerable populations, particularly children. With the upcoming legislative session, the question of how to balance these competing interests will likely dominate public discourse.
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