New Law Regulating Profits From Child Influencers

 Posted on July 26, 2024 in Family Law

The world we live in today seems quite different from how it was only 20 years ago. There are many things people say now that would not have meant anything back then: "I can Venmo it to you." "Did you see what she tweeted?" "Let me call you an Uber."

There are also new industries based on social media platforms. For example, being an influencer can be very lucrative. As new professions develop, new laws and regulations are needed to protect consumers and internet personalities alike. What happens when the person whose content earns millions in profits is a child? How should the parents navigate this? If you are the parent of a child influencer, speak with a seasoned Wheaton, IL family law attorney to understand your legal obligations and rights.

Protection for Kidfluencers

Over the past decade, "kidfluencers," or children with social media channels, have been gaining sizable followings. Some influencers have enough followers to monetize their platforms with sponsorships or collaborations. There are many cases of child influencers whose platforms earn millions of dollars annually. However, the children featured in these channels rarely own their platforms. Children generally trust their parents to have their best interests in mind. Unfortunately, some cases of parental exploitation of their children’s popularity have shown why child influencers need legal protection.

Illinois has been groundbreaking in legislating to protect children from financial exploitation on social media. The two major measures that Illinois recently passed are:

•  A new law that offers financial safeguards for children younger than 16 who are featured on profitable platforms. Until now, adults could use images, videos, and information about children on their social media channels without much regulation. Now, anyone who features children in their influencer posts will be required by law to compensate them. With the help of a calculation reflecting the scope of the child’s screen time, influencers will need to put a percentage of their profits into a blocked trust for that child.
• An amendment to Illinois’s Child Labor Law that gives children new rights. If someone, including a parent, profits from posting content that a child is involved in and does not keep any of that money for the child’s use, the child can sue them.

Illinois was the first state to pass these kinds of measures, but it seems that others might follow. Since this is a fairly new industry and new proposals are being legislated throughout the country, you should seek legal guidance to ensure you understand the laws and avoid the consequences of violating them.

Speak With a Dupage County, IL Family Law Attorney

The rise of child influencers brings up many legal and ethical questions about their rights, protections, and parental oversight. If you have questions about your child’s activities online, speak with a knowledgeable Wheaton, IL family lawyer. At Fawell & Fawell, we can offer personalized legal guidance and help you navigate this evolving area responsibly. Call us at 630-871-2400 to schedule a free consultation.