France Constitutional Council Upholds Assisted Dying Law, Strikes Down Social Media Ban

• The French Constitutional Council approved legislation establishing a right to assisted dying for some adults suffering from incurable conditions.
• The council struck down a ban on social media access for children under 15, citing concerns about freedom of expression and communication.
• President Macron's office pledged to revise the social media legislation, with Prime Minister Sebastien Lecornu tasked with working on a new draft.

The Constitutional Council found that Article 1 of the legislation 'constitutes an infringement that is neither appropriate, necessary, nor proportionate' to the freedom of expression and communication of those under 15.

The French government's push to establish a right to assisted dying has cleared a major constitutional hurdle, with the Constitutional Council approving legislation that will allow some adults suffering from incurable conditions to end their lives. The ruling is a significant victory for President Emmanuel Macron, who had promised the law after his reelection in 2022. France joins a select group of countries, including the Netherlands, Belgium, Switzerland, and Canada, which have already legalized assisted dying. The legislation was passed by parliament in July after years of debate, and its approval marks one of France's biggest social reforms since same-sex marriage was legalized in 2012. To be eligible for assisted dying, a patient must be of legal age and a French national or long-term resident, suffering from pain that is either unresponsive to treatment or unbearable if they have chosen not to receive or stop receiving treatment.

In a major setback for President Macron, the Constitutional Council struck down a ban on social media access for children under 15. The council found that Article 1 of the legislation 'constitutes an infringement that is neither appropriate, necessary, nor proportionate' to the freedom of expression and communication of those under 15. This decision raises concerns about the impact on privacy of introducing an age-verification system for all users. The law would have barred younger users from social networks such as TikTok, Snapchat, and Instagram, among other restrictions. Macron had promoted the ban as a way to better protect young people from harmful effects associated with social media platforms.

In response to the Constitutional Council's ruling, President Macron's office announced plans to revise the social media legislation. Prime Minister Sebastien Lecornu has been tasked with working on a new 'legally robust draft' of the law. This move suggests that the government is committed to finding a solution that balances the need to protect young people from the potential harms of social media with the right to freedom of expression and communication. The revised legislation may impose stricter regulations on online platforms and impact their business operations in France.

Lawyers and compliance officers should monitor the French government's plans to introduce a new, 'legally robust' draft of the social media legislation, which may impose stricter regulations on online platforms and impact their business operations in France.

Source: Original reporting via Courthouse News