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New Child Influencer Law Aims to Protect Children Online

By Orgesta Tolaj

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23 August 2023

children looking at phone

© Vanessa Loring / Pexels

Illinois has made history by becoming the first state to enact a child influencer law to safeguard the interests of minors featured in online videos. This move was inspired by the concerns of 16-year-old Shreya Nallamothu from Normal, Illinois.

As the pandemic led to increased screen time, Nallamothu grew increasingly frustrated with the proliferation of children featured in family vlogs across various social media platforms.

Why is This Law Being Established?

Nallamothu was influenced by how the intimate moments of children were seen globally. The young girl said that this was a stark contrast to her own upbringing. Her family’s home videos remained within the family. This led her to realize the implications of family vlogging.

She recognized the content permanence on the internet and was troubled by the fact that many young children were in these videos. These children were too young to grasp this or weren’t given the chance to understand it.

man carrying children
© Nathan Dumlao / Pexels

Nallamothu took action and penned a letter to her state senator, Democrat Dave Koehler. She urged him to consider legislation that would provide protection and fair compensation for young influencers. Illinois Governor J. B. Pritzker signed a bill into law last week. Therefore, this amendment empowers teenagers over the age of 18 to take legal action against their parents if they were featured in monetized social media videos and not adequately compensated. This is similar to the rights held by child actors.

The Child Influencer Law Enforcement

Illinois will enforce the law starting from July 1, 2024. Parents in Illinois will be legally required to set aside 50% of their vlog earnings into a child trust fund. The percentage of earnings is determined by the child’s screen time in the video. For instance, if a child appears in 50% of a video, they should receive 25% of the earnings. If they are featured in 100% of the content, they are entitled to 50% of the earnings. However, this rule applies only when the child appears on screen for more than 30% of the vlogs in a 12-month period.

Senator Koehler emphasized that while parents should receive compensation for these videos, it is crucial not to overlook the child. This includes their interests and rights, hence the need for this protective measure.

This law marks a significant step towards ensuring the welfare of young influencers in the digital age. With young parents growing their children in a digital age, it is now important to look after children who can not consent to how they are shown online.

Orgesta Tolaj

Your favorite introvert who is buzzing around the Hive like a busy bee!

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