Illinois passed groundbreaking legislation that compels child influencers, known as "kidfluencers," to be compensated for their presence in sponsored internet material.
The measure, which Governor J.B. Pritzker of Illinois signed on Friday, makes provisions to guarantee that money made from recordings showing minors be saved in a trust account for their access in the future.
What Does The New Law Say?
Beginning on July 1, 2024, parents and guardians who upload recordings of their kids online must put some of the money they make into a blocked trust fund that the kid may receive when they are 18 years old, according to Marketing Brew. The amount of money set aside is based on how much the youngster engages with the video material.
The new legislation requires a youngster to appear in 30% of paid videos in a 30-day period during the prior year. It's interesting to note that for the law to be in force, the minor need not physically be in the video; even parent-shared anecdotes about their children are covered by the law.
However, the absence of a government enforcement mechanism leaves it up to individual families to decide whether to comply with the law and take legal action. This clause has raised questions regarding the efficiency of the law's execution.
In addition to offering financial protections, the law discusses the proper limits for internet material concerning children. This law acknowledges the need for sufficient compensation and protection because the advent of social media has created new possibilities for kids to make money. The Coogan Act of 1939 in California, which ensured young performers earned a fair part of their profits, served as the historical model for the legislation.
A Start of a Larger Measure
According to a report from CNN, the frustration Shreya Nallamothu, a 16-year-old from Normal, Illinois, felt during the COVID-19 pandemic was the impetus for the law's enactment. Nallamothu became aware of the intrusiveness of sharing private and personal moments online after seeing the rise in the number of youngsters appearing in family vlogs online.
This discovery inspired Shreya to write a letter to Illinois Senator Dave Koehler asking him to take protective laws for young influencers into consideration. In response, Illinois became the first state to provide legal protections for child influencers and the money they receive.
Although the Illinois law represents a significant advance, experts believe it is only the start of a more extensive discussion about safeguarding online child influencers. Professor Jessica Maddox, an expert in digital media and influencer culture at the University of Alabama, praised the legislation and underlined the need for platforms to accept accountability, per ABC News. She recommended enabling 18-year-olds to petition for social media content to be eliminated in future laws.
The bill's author, Illinois Senator Dave Koehler, emphasized the need to tackle the legal issues brought on by the digital age, urging authorities to collaborate with the younger generation to efficiently identify challenges "and tackle them head-on before any further harm is done."
