New Illinois law allows child social media stars to sue their ‘influencer’ parents.
Child Social Media Stars in Illinois Can Now Sue Their “Influencer” Parents
Exciting news for child social media stars in Illinois! They now have the power to sue their “influencer” parents for keeping the profits made from their online videos. This new legislation, known as Senate Bill 1782, was signed into law by Gov. J.B. Pritzker on Aug. 11.
Introduced by state Sen. David Koehler, a Democrat, in February, this bill received bipartisan support and passed in May. It will officially go into effect on July 1, 2024.
Under this new measure, children under 16 who play a significant role in their parents’ online videos, such as vlogs shared on various social media platforms, will now be fairly compensated for their work. This amendment to the Child Labor Law ensures that child influencers receive their rightful share of the profits.
Furthermore, the legislation grants “kidfluencers” the right to request the permanent deletion of any video footage featuring them once they turn 18.
In addition, parents who feature their children in online videos or vlogs are required to set aside a specified amount of their earnings into a trust account for their children. The children can access this money once they reach the age of 18.
Illinois is leading the way as the first U.S. state to enact such legislation.
Kids Working in ‘Digital Environments’ Must Be Protected
State Sen. David Koehler emphasized the importance of this legislation in a statement following its signing. He acknowledged that social media has opened up new opportunities for children to earn money, but some parents are taking advantage of their children’s earnings.
“Many parents have taken this opportunity to pocket the money, while making their children continue to work in these digital environments,” said Sen. Koehler. “This new digital age has given us tremendous opportunities to connect with one another, but it’s also presented legal issues that have never existed before. We need to work with our children to see the problems they face and tackle them head-on before any further harm is done.”
Sen. Koehler revealed that the inspiration for this legislation came from Shreya Nallamothu, a 15-year-old high school student in his district. Shreya raised concerns about the lack of protections for child influencers and their earnings.
“When scrolling on social media, I always saw young children and families, called family vlog channels, posting videos online. After finding that users could make money off of platforms such as YouTube and TikTok, I learned that, often, these kids are made to participate in videos without any guarantee of the income generated from the content,” said Shreya. “I wanted to work with Senator Koehler to protect the money that these kids have rightfully earned.”
According to Senate Bill 1782, parents must allocate a portion of their gross earnings from videos featuring their child’s “likeness, name, or photograph” into a trust fund. This money can be accessed by the child once they reach adulthood.
Billion Dollar Industry
The percentage of earnings to be set aside is determined by the child’s level of involvement in the content. If a minor under the age of 16 appears in at least 30 percent of a video or online content for which their parent or guardian is being paid, they are entitled to compensation. However, this law only applies to video content created in Illinois that generates more than 10 cents per view.
Parents who fail to comply with this legislation may face lawsuits from their adult children, seeking punitive and actual damages.
This legislation comes at a time when the child influencer industry is booming, with highly successful child influencers earning approximately million per year through advertising.
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