Illinois became the first state in the United States to enact a law this week that grants child social media influencers the right to receive compensation for appearing in content posted by their parents or guardians on social media platforms.
In Illinois, a new amendment to the state’s Child Labor Law went into effect on July 1st, mandating that parents or guardians of children who become influencers on social media platforms must pay them compensation for appearing in and generating income from their social media content.
The legislation specifies that if children under the age of 16 appear in online content used by an adult influencer to generate income, and the content featuring them comprises at least 30% of the overall online content, then they are entitled to receive 15% of the total earnings of that influencer. The parents or guardians of these child influencers are responsible for depositing this income into a trust account.
The law also stipulates that children have the right to request the removal of online content that features them as the main focus. If adults fail to comply, minors can bring legal action to seek compensation for damages.
Supporters of the law argue that it aims to provide more protection for children who are featured online.
The initiator of this legislation, State Senator David Koehler, stated in an email, “This new digital era provides our children with excellent opportunities to make money online through their own content. However, this has also created new child labor issues, with some parents exploiting their children’s efforts for financial gain. As legislators, we have a responsibility to address these challenges and protect our youth.”
Advocates of the law believe that some parents who turn their children into social media influencers often overshare their children’s private lives and profit from these contents. These parents may inadvertently jeopardize their children’s privacy, causing adverse effects on the social and psychological well-being of child influencers.