Peter Craddock Quoted in MLex Article on Block on French Social Media Ban

Keller and Heckman Partner Peter Craddock was quoted in the MLex article, “Block on French social media ban exposes risk for EU states with similar ideas.” The article reports that France’s Constitutional Council struck down the country’s proposed social media ban for children under 15, finding that it conflicted with protections for freedom of expression and privacy. Although the ruling applies only in France, it raises broader questions for other EU member states considering similar restrictions.

“I think there’s a signal there for other legislators, which is: If you don’t have flexibility, if you just have an absolute ban, you’re done, it’s not going to fly,” said Peter.

The decision also serves as a warning to lawmakers to consider a June ruling by the EU’s highest court concerning French restrictions on minors’ access to pornographic websites. 

“There’s an extremely clear signal from the court to all legislators across the EU that you have to take into account fundamental rights of minors, but also you have to take into account Article 3 of the e-Commerce Directive, because if you don’t, then the freedom to provide services across the EU is also undermined.”

Peter noted that these two considerations “combine to create a very powerful counter argument to broad bans.”

He also emphasized that the ruling did not address the important role parents and guardians play in educating and guiding minors online. “We need to help provide more tools to parents and to their children to basically help parents understand how to communicate about problems, about risks with their children, and how to help children understand these risks.”

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