A bill aimed at content creators who feature minors in at least 30% of their content would now be required to set aside a percentage of their earnings in a trust for the minor to access when they reach adulthood.
Introduced by Senator Steve Padilla (D – San Diego), SB 764 is named the Child Content Creator Rights Act and is aimed to ensure influences under 18 see financial benefits from their use of their image.
According to Padilla, with the rise of social media, specifically YouTube and TikTok, family content creators have exploded in popularity, many filming their daily lives and raking in thousands of dollars in ad revenue, sponsorships, and advertising. Many family influencers include their young children in their content, filming intimate details of their personal lives for their audience of millions to see. The rise of so many family content creators raises concerns about child labor and financial exploitation by parents as children are filmed without their consent and without compensation.
Last August, Illinois became the first state to pass a law to ensure financial compensation for minors who are featured in vlogs, or video blogs
Decades ago, California adopted the Coogan Act, which ensures minors appearing in media were protected from financial exploitation of their work; however, those financial protections only extend to child performers under contract. As parents do not need to draft contracts to record or post videos of their family, children in these posts are not guaranteed access to the profits generated by their likeness and participation. Senator Padilla’s modernization of the Coogan Act would mean that younger influencers would be protected against financial exploitation, ensuring they benefit from the marketing of their image.
“Everyone deserves fair compensation for their work and these children deserve to share in their family’s financial success, especially if it comes at the cost of their privacy,” said Senator Padilla. “As social media becomes even more integrated into our daily life, we need to update our hard-fought labor protections and safeguard the financial future of these performers.”
A number of advocates and researchers have spoken out in support of Senator Padilla’s update to the Coogan Act.
“I am so thrilled to see powerful and protective legislation introduced in California,” said Chris McCarty, Founder of Quit Clicking Kids, an advocacy group instrumental in the passage of similar legislation in Illinois. “I know that this is our chance to make technology safer for children, and we need to act now.”
“If Jackie Coogan were alive today he would certainly champion this common-sense bill; one that simply updates longstanding child protections to modern day entertainment offerings,” said Ed Howard, Senior Counsel of the Children’s Advocacy Institute at the University of San Diego School of Law.
“This policy helps ensure that families can experience the benefits of the internet while protecting children as a vulnerable group,” said Mary Jean Amon, Ph.D., Assistant Professor at the University of Central Florida. “It is an extension of well-established policy, and this incremental step in legislation will act as a barometer through which to evaluate additional safeguards for children’s privacy. Research indicates that parental sharing has the potential for long-term effects on children, by exposing them to social media at earlier ages and impacting their long-term privacy standards. Thus, it is important that policy reflects the changing landscape of technology.”
“I applaud Senator Padilla’s efforts in expanding the Coogan Act to include protections for the children of social media influencers and content creators, as well as family vloggers,” said Dr. Jessica Maddox, assistant professor of digital media at the University of Alabama. “Social media have changed what labor means, and it is urgent legislative protections catch up to these new realities. An updated Coogan Act is imperative to ensure the children of content creators, influencers, and family vloggers are financially protected for their work. Just like how the original Coogan Act was adopted by states nationwide, I hope more states follow Senator Padilla’s leadership and institute this legislative expansion.”
the Child Content Creator Rights Act (SB 764) will be heard in the Senate in January.
Padilla announced he would introduce the bill on Dec 18, 2023.
Related
- Oct 24 – AG Bonta Files Lawsuit Against Meta Over Harms to Youth Mental Health
- March 7 – AG Bonta Demands TikTok Comply with Investigations into Its Harm to Children’s Mental Health
- Jan 24 – Hawley Announces New Legislation to Ban TikTok Nationwide
