Illinois Becomes First State to Compensate Child Social Media Influencers
Illinois has become the first state in the United States to pass a law that ensures child social media influencers are compensated for their work. The bill, sponsored by Senator David Koehler of Peoria, will go into effect on July 1, 2024. This groundbreaking legislation aims to protect the rights of child influencers and prevent parents from profiting off their children’s digital presence.
Senator Koehler explained that the rise of social media has created new opportunities for children to earn a profit. However, some parents have taken advantage of this by pocketing the money earned by their children in these online environments. The idea for the law was brought to Senator Koehler by a 15-year-old constituent who raised concerns about the exploitation of child influencers.
The law specifically applies to children under the age of 16 who appear in monetized online platforms, including video blogs or vlogs. Nowadays, family vlogs often share intimate details of their children’s lives, attracting countless viewers and lucrative brand deals. However, the sharenthood industry lacks adequate regulations, posing potential harm to children involved.
Bobbi Althoff, a TikToker with over 5 million followers, used to feature her young daughter in paid advertising but stopped due to privacy concerns. Videos featuring kids tend to perform well, leading to significant earnings. While some states already require parents to set aside earnings for child entertainers in traditional settings like movies and television, Illinois is the first state to specifically address social media starlets.
Landon Jacquinot, who monitors child labor legislation for the National Conference of State Legislatures, anticipates that other states with a high volume of family vloggers and social media influencers, such as California and New York, might consider enacting similar laws. This marks a significant step forward in a relatively new industry that combines entertainment, digital media, and child labor.
Under the Illinois law, child influencers will be entitled to a percentage of earnings based on their frequency of appearances in video blogs or online content that generates at least 10 cents per view. To qualify, the content must be created in Illinois, and the child must be featured in at least 30% of the content within a 30-day period. Vloggers will be required to maintain records of the child’s appearances and set aside their gross earnings in a trust account until they turn 18. Failure to do so may result in legal action by the child.
Illinois Governor J.B. Pritzker’s spokesperson, Alex Gough, emphasized that children deserve protection from parents who exploit their talents for financial gain. The passing of this legislation acknowledges the need to shield child influencers from potential exploitation.
Shreya Nallamothu, the teenager who originally raised her concerns to Senator Koehler, clarified that the law’s intent is not to penalize parents who share photos of their children on social media for family and friends, or even those who post viral videos. Rather, it aims to protect families whose income relies on child and family vlogging.
While Illinois has taken the lead on protecting child influencers, other states have made less successful attempts to regulate the industry. California’s 2018 child labor bill initially included a social media provision but was ultimately removed. Washington state’s 2023 bill also faced obstacles in committee.
Advocates like Chris McCarty, the founder of Quit Clicking Kids, an organization focused on protecting minors from online monetization, hope that the momentum created by Illinois’ legislation will inspire other states to follow suit. Ideally, a nationwide effort will arise to ensure the welfare and fair compensation of child influencers.
As the child influencer industry continues to evolve and expand, it is crucial to strike a balance between enabling children to pursue their talents and safeguarding their well-being. Illinois’ groundbreaking law sets a precedent for other states to take action and protect vulnerable young individuals in the digital landscape.
