France’s top constitutional authority on Friday struck down a ban on social media access for children under 15, ruling that it disproportionately infringed on their freedom of expression.

The Conseil Constitutionnel (Constitutional Council) found that Article 1 of the law championed by President Emmanuel Macron "constitutes an infringement that is neither appropriate, necessary, nor proportionate" to the freedom of expression and communication of those under 15.

The ban had been one of the flagship measures of Macron's government, and would have seen France becoming the first country in Europe to enact such a ban, which the government hoped to bring into force from September.

The Conseil is the highest authority on such matters, so the government will now have to either scrap the measure, or redraft it and present it to parliament again.

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A statement released by the president's Elysée Palace suggests that they will take the second option, stating: "The goal pursued since 2017 by the President regarding the protection of minors online remains unchanged: to protect the best interests and well-being of our children, given that the harmful effects of social media on them are scientifically documented.

"In this context, the President has instructed the Prime Minister to work, as soon as possible, on drafting legally sound legislation that takes into account the Constitutional Council’s decision as well as the European framework. On this basis, it will be up to the President of the Republic, the Government, and Parliament to determine the ways and means to protect our children from social media by the end of the current term of office.

"The President remains fully committed to bringing this reform to fruition by spring 2027."

Also on Friday, the Council upheld in its entirety legislation granting adults suffering from an incurable condition the right to assisted dying, while ruling that some provisions required clarification.

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The approval by the Constitutional Council will see France join the Netherlands, Belgium, Switzerland, and Canada, which have already legalised the practice.