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States Enact Laws to Protect Child Influencers, Mandating Compensation and Privacy Rights

As social media has grown, the phenomenon of parenting bloggers and child influencers has become increasingly common, drawing substantial attention and income. In 2023, several states began taking legal action to address this trend. California, Utah, Minnesota, and Illinois have all passed laws requiring children to be compensated and have their earnings placed into trust funds if they appear in a significant portion of monetized content or if the creator reaches a certain income threshold. These laws also grant children the right to request the deletion of related videos when they reach adulthood. The driving force behind this trend is the substantial economic incentives. The influencer economy has grown to a staggering $250 billion, with child and family influencers making up a significant portion of this market. For example, Ryan's World, a YouTube channel started by a child at the age of three, generates an annual income of $35 million. This growing phenomenon has caught the public eye, particularly due to concerns over child exploitation and abuse. Ruby Franke, for instance, was jailed for child abuse, and her daughter's memoir, "The House of My Mother," details the abusive and manipulative behaviors she experienced. Another case involves Tiffany Smith, known as a "Momager," who faced controversy for allegedly mistreating and overworking her minor children. While these are extreme cases, many children and teens participate in content creation out of a desire for self-expression and to connect with peers. However, the effectiveness of these new laws is under scrutiny. Critics argue that the lack of specialized enforcement agencies makes it difficult to ensure compliance. Children need to be aware of their rights and have the resources to sue their parents when they reach adulthood, which is a significant barrier. Illinois was the first state to pass such a law, which took effect in July of this year. California followed suit, with similar requirements for creators to allocate a portion of their income to the child's trust fund. Utah's law stipulates that children must be compensated if the account's annual earnings exceed $150,000. Minnesota went further, prohibiting children under 14 from participating in monetized content. This law also allows children to sue their parents for all earnings generated by content creation. Children 14 and older who create content independently can retain all their earnings. Despite these legal measures, concerns about children's privacy and mental health persist. The nature of being a child influencer blurs the line between work and life. Hilary C. Robinson, a law and sociology professor at Northeastern University, emphasizes, "In the smartphone era, work is everywhere and nowhere at the same time," highlighting the challenges in regulating child labor. European countries have already taken stricter measures to protect child influencers. France, for example, enacted a child influencer law in 2020, ensuring their labor rights and allowing them to request the deletion of videos. Opinions within the industry are mixed. Nick Walters, president of the brand consulting firm SuperAwesome, stresses that his company is vigilant in its collaborations with family influencers, prioritizing the best interests of the children. Alison Fitzpatrick, another legal expert, notes that even if these laws are enforced, the demand for child influencer content remains high, making it challenging to curb the trend. Overall, the introduction of these laws signifies a societal acknowledgment of the importance of protecting children in the influencer economy. However, many questions remain about how to balance their right to compensation with their need for privacy and mental health. As the influencer economy continues to thrive, it is crucial for all stakeholders—legislators, industry leaders, and parents—to work together to ensure that children participating in content creation receive fair treatment and maintain their well-being and privacy.

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