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Here's Why We Need Child Influencer Laws in a Monetised Content Society

 

The increasing urgency around safeguarding children who are featured as influencers or content creators online is a concerning trend that has grown rapidly in recent years. Earlier, U.S. child labor laws like the Coogan Law were designed to protect child actors, but the rise of social media has created an environment where many minors—sometimes as family breadwinners—are now regularly producing monetized content. This shift raises new legal and ethical questions regarding consent, financial exploitation, and the long-term impact on children’s wellbeing. 

Recent popular documentaries, such as Hulu’s "Devil in the Family" and Netflix’s "Bad Influence," have brought to light extreme cases of abuse and exploitation involving child influencers. These shows highlight not only physical and emotional abuse but also the dangers posed when children’s most private moments are shared for profit. Central concerns include whether children can meaningfully consent to being featured, how difficult it is for them to refuse their parents, and who ultimately controls the digital footprint these young people accumulate. 

State legislatures are starting to take action in response to these harms. In 2023, Illinois took the lead by amending its child labour laws to specifically define vlogging as work and required parents to record their children's participation in content. Additionally, the state established trust funds to receive a percentage of the revenue.Other states, including Minnesota, Montana, California, and Utah, have enacted similar laws with unique provisions. For example, Minnesota prohibits children under 14 from engaging in content creation as labor, while Utah only mandates compensation for children when families earn a threshold amount from content. 

A key feature of some new state laws is the “right to be forgotten,” allowing individuals who were featured as minors to have their content removed later in life. While this empowers former child influencers, it can sometimes conflict with law enforcement needs for evidence. Even so, these laws mark important progress toward recognizing and addressing the specific risks faced by children in the influencer economy, mainly by treating online content creation as work and prioritizing financial safeguards. 

However, child experts stress that legislation alone cannot solve all problems associated with child influencing. Effective protection requires a collaborative approach: tech platforms should enforce clear and accessible privacy options, families must educate themselves and respect children’s right to consent, and policymakers should continue to advocate for balanced regulations. Ultimately, safeguarding the emotional and psychological wellbeing of child influencers—and considering the lasting effects of exposing personal lives online—must remain the top priority.