In Decision No. 2026-911 DC of 14 August 2026, the French Constitutional Council found a general statutory ban on access to social networks for persons under the age of 15 to be unconstitutional.
Its assessment relied primarily on freedom of expression under Article 11 of the Declaration of the Rights of Man and of the Citizen, which also protects access to online communication platforms and expression on those platforms.
Age verification also raises questions concerning privacy and freedom of expression. It can quickly develop into identity verification and make it possible to connect an online profile to a specific individual. The loss of perceived anonymity may, in turn, encourage self-censorship.
The European Court of Human Rights has likewise emphasised the wider importance of online anonymity. Although the right to online anonymity is not absolute, it is important for freedom of expression because it allows individuals to avoid retaliation or unwanted attention.
The decision contains an important message: protecting children online does not grant public authorities a blank cheque to interfere with the privacy and freedom of expression of all internet users.