Child Influencer Laws: Protecting Earnings from Exploitation
The rise of social media has brought about a new type of celebrity – the child influencer. These young stars, who are often under the age of 18, have amassed thousands or even millions of followers on platforms like Instagram and YouTube. They endorse products, create sponsored content, and rake in a substantial income, often making more money than the average adult. While this may seem like a dream come true for both the child and their family, it has also raised concerns about the exploitation of these young influencers and their earnings. In response, several laws have been put in place to protect child influencers and ensure that their earnings are not being taken advantage of.
The Rise of Child Influencers
The popularity of child influencers is no surprise, with the rise of social media and the increasing use of influencer marketing. These young stars often have a large and dedicated following, making them a valuable asset for brands looking to reach a younger audience. According to a survey by Piper Sandler, 9 out of 10 teenagers in the United States prefer YouTube as their favorite social media platform, making it the prime platform for child influencers.
Many of these child stars have incredible success stories, with some even earning millions of dollars a year. For instance, Ryan Kaji, a 9-year-old from Texas, has over 30 million subscribers on his YouTube channel and earned $26 million in 2019. Another child influencer, 7-year-old Anastasia Radzinskaya, has over 160 million subscribers across seven YouTube channels and earned $18 million in 2019. While these earnings are astonishing, they also come with the potential risk of exploitation.
Protecting Child Influencers from Exploitation
The Children’s Online Privacy Protection Act (COPPA)
The most prominent law protecting child influencers is the Children’s Online Privacy Protection Act (COPPA). Enacted in 1998, COPPA is a federal law that requires websites and online services to obtain verifiable parental consent before collecting personal information from children under the age of 13. This means that if a brand wants to work with a child influencer, they must first obtain consent from the child’s parents.
In addition, COPPA also requires websites and online services to provide a comprehensive privacy policy that clearly discloses the types of information collected, how it is used, and if it will be shared with third parties. This is crucial for child influencers, as it allows both children and their parents to make informed decisions about who they work with and what information is shared online.
State Laws on Child Labor
In addition to COPPA, many states have laws in place to protect child influencers from being exploited. These laws are based on the federal Fair Labor Standards Act (FLSA), which sets guidelines for the number of hours and types of work that minors are permitted to do. For instance, California requires child influencers to obtain a work permit and limits their working hours to no more than three hours on a school day and eight hours on a non-school day. These laws ensure that child influencers are not being overworked and prioritize their education and well-being.
The Role of Parents and Guardians
While laws like COPPA and state child labor laws offer protection for child influencers, parents and guardians also play a crucial role in ensuring that their children are not being exploited. It is essential for parents to have open and honest conversations with their children about their online presence and the responsibilities that come with being a child influencer. Parents should monitor their child’s online activities, set boundaries, and review any contracts before their child works with a brand.
Furthermore, parents should also have a clear understanding of their child’s earnings and how the money is being managed. It is not uncommon for child influencers to not have direct control over their earnings, making them vulnerable to exploitation. By being involved in managing their child’s finances, parents can protect their child’s earnings from being taken advantage of.
Closing Thoughts
The laws and regulations surrounding child influencers are relatively new, and as the industry continues to evolve, more measures may be put in place to protect these young stars. As a society, it is our responsibility to ensure that child influencers are not being exploited for their talents and that their earnings are protected. With proper laws, regulations, and parental guidance, we can create a safe and fair environment for child influencers to flourish.
In conclusion, while being a child influencer may have its perks, it also comes with added responsibility and potential risks. Laws like COPPA and state child labor laws help protect child influencers from exploitation and ensure that their rights are being respected. It is essential for all stakeholders, including parents, brands, and social media platforms, to work together to create a safe and ethical environment for child influencers to thrive in.
