Rising Interest in Regulating Child Influencers
As child influencers gain popularity, state legislators have exhibited varying levels of interest in regulating this industry. In September, Illinois became the first state to pass a bill specifically designed to protect the earnings of internet child stars. Maryland state delegate Jazz Lewis expressed the necessity of such protection, equating it to how child actors are compensated.
The Rise of Child Content Creators
Rather than toiling away for production companies or movie studios, an increasing number of children are creating and monetizing content on their own with aspirations of building media empires, emulating successful figures like YouTube sensation MrBeast. Surveys indicate that becoming a full-time content creator is a desired career path for many schoolchildren, with “YouTuber” topping the list of career choices for nearly 30 percent of kids aged 8 to 12 in a global survey conducted by the Harris Poll and toymaker Lego in 2019. Furthermore, a Morning Consult survey of Gen Z and millennials in the United States revealed that 54 percent of 13- to 38-year-olds aspired to become social media influencers.
Nuances and Challenges
Padilla acknowledges that his proposal fails to address certain nuances, such as whether accounts managed by minors would also be required to set money aside. Additionally, the courts may need to provide guidance on the specifics of any legislation. The senator emphasizes the need to encourage young entrepreneurs while preventing exploitation. Padilla clarifies that there are existing frameworks and laws governing the wages and commercial activities of minors across the country.
Sen. Richard Blumenthal (D-Conn.) expressed the view that more lawmakers should scrutinize the involvement of children in the unregulated creator economy. Blumenthal raised concerns about potential exploitation, including privacy infringement, excessive working hours, and inadequate compensation. However, in order to regulate the industry effectively, it is necessary to first track its scope. Currently, the U.S. Census Bureau does not include specific categories for job titles related to “social media” or “influencing,” despite the exponential growth in the number of content creators.
Encouragement for Regulation
Activist Sarah Adams, a prominent advocate addressing child labor issues in the content creator industry on TikTok, views Padilla’s bill as a positive initial step towards comprehensive industry regulation. Adams regularly discusses concerns about “sharenting” — parents sharing their children’s images on social media — and encourages parents to refrain from including children in their posts or to protect their identities. “The progress made by this movement over the past year has been truly inspiring,” Adams said.