Child influencers are found across the internet. Every social media source has examples: smiling children enjoying the products and services being advertised on blogs, videos, and photos. They have taken over Instagram and TikTok. Podcasts have child stars. It’s all being done under the watchful eye of parents or guardians.
Influencer vs. Actor: The Difference for Child Labor Laws
Although children have appeared in the media since the idea of mass media was invented, the advent of child influencers is recent. According to an article in The Georgetown Law Journal, “commercial sharenting” – the parental oversharing of photos and data about their children for commercial gain – has existed since 2004. However, the term “sharenting” has only been in use since 2012. There are differences between child stars of the past and the underaged social media influencers of today. One of the largest differences is what is expected of each group. Child stars of film and radio have the distinct advantage of playing a part during their working day while having a personal life separate from the workplace. There are legal protections in place to ensure they are not overworked, have access to formal education, and will have assets when they reach the age of majority.
Influencers are expected to be themselves rather than play a part, despite being prompted by parents and guardians to express themselves in a certain way. There are very few protections to ensure they are not exploited. A distinct lack of privacy follows these children throughout their young lives. As an example, Sarah and Johnny Tanner shared posts about their daughter going bra shopping for the first time and learning how to shave her legs. They are under constant pressure to continue performing rather than simply being children.
Potential Risks to Children
This pressure is known to cause mental and emotional stress. It can be made worse when a parent views the children involved as tools rather than workers. There are multiple cases in which a parent will openly state that the adult in the relationship is doing all the work by managing contracts, securing endorsements by various brands, ensuring payment is made promptly and properly, and creating the content that is being pushed out to social media. The role of the children who are actively involved in the content is viewed as something other than the work it is – it’s considered play or the duty of doing as they’re told. Other creators see the work for what it is and limit the amount of time each child is being asked to perform.
These performances are designed to attract attention and bring fame to the family. However, not all of the attention is appropriate. There are concerns over identity theft, sexualization, and pedophilia. Parents have found images of their children have been modified and used after perpetrators have been arrested. Facial recognition software has been used to track these underage stars. Using certain hashtags – necessary to bring more people to posts – attracts as many unsavory people as not.
The general lack of respect extends to comments on social media platforms. Cyberbullying is a large problem, especially for the young, and can lead to mental and emotional issues. Underage girls seem to be exceptionally vulnerable to commentary about their physical image, though it also affects boys.
There have also been a number of headlines in the news over the past few years that illustrate how difficult life can be in an influencer household. Children are held to strict standards and can be punished severely if the adult in the home does not believe they are performing well enough. There are cases where YouTube channels have been shut down due to rampant abuse, such as in the case of Ruby Franke or DaddyOFive. These examples are not what is normal in the industry but show that things can easily get out of control. Things can become dangerous very quickly if there are no legal oversights or regulations to ensure the safety of the children’s mental and physical health.
This is not the only way they are exploited. There are few protections for the financial assets brought into a household by the work of an underaged social media influencer. There are no protections to ensure they receive a proper education. They can be withdrawn from school in order to work without any guarantee of further education. The entirety of the earnings from contracts are paid to their legal guardians rather than the child, which can then be used as the adult sees fit.
Legal Protections for Child Influencers
However, laws have been put in place to protect children who work in the entertainment industry outside of the online world. The California Child Actor’s Bill was enacted in 1939 to ensure these protections were in place. This law is often referred to as the Coogan Law. It was named after Jackie Coogan, who won a lawsuit against his parents in regard to the millions of dollars he earned as a child actor. By the time he reached the age of 18, his parents had spent it all and left him nothing. The win resulted in the bill that sets requirements for schooling, ensures limited working hours, and decrees that at least 15% of a child’s earnings be put into a trust until they reach the age of 18.
Governor Newsom recently signed SB 764 into effect to extend these protections to underage content creators within the state of California. At least 15% of earnings must be put into a trust account, monthly statements of income must be provided to the minor, and the health and safety of the child must be ensured. The definition of a content creator was codified in AB 1880, signed on the same day.The best course of action to ensure these extensions of the laws are being upheld in your household is to ask for advice from a law office with Coogan’s Law experience. Our team at the Law Offices of Todd M. Frieman, P.C. has answers to your questions. Schedule a consultation today to discuss any questions you may have about what these laws mean for you.
