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Illinois passes the first US law to pay kidfluencers as legislation catches up to culture

Snacks / Monday, August 21, 2023
Growing up in front of a black mirror (Westend61/Getty Images)
Growing up in front of a black mirror (Westend61/Getty Images)

#Oversharenting… Illinois became the first US state to pass a law protecting the earnings of child social-media stars and children who frequently appear in their influencer-parents’ (#sharerents) posts — think of famous family accounts like the controversial Ace Family. The law, which goes into effect next July, requires parents to set aside their kids’ gross earnings in a trust, and opens a path for kids to sue parents who keep the $$ for themselves.

  • No protections: There are laws protecting child actors (the Coogan Law makes parents of child entertainers set aside 15% of their kids’ earnings), but those protections don’t extend to kids who earn money on social media. The Illinois law does. 

  • Elsewhere: France is the only country that’s expanded its child-entertainer laws to social-media influencers. Washington is considering an Illinois-like law to prevent parents from exploiting their kids, and experts think California and New York could follow.

Sponsored toy unboxing… Millions are on the table for kidfluencers like 11-year-old Ryan Kaji, who earned $27M in 2021. The YouTube, Instagram, and TikTok accounts of child influencers are prime territory for advertisers like Mattel, Walmart, and Target looking to reach tween audiences. In 2021, advertisers spent nearly $3B marketing to kids — and that’s only expected to grow. But parents haven’t been required to set aside earnings from sponsorships or ad revenue for their kids, and there are also no privacy protections in place.

Law lags culture… The first gen of kids to have everything from their baby pics to prom videos posted online is growing up. For child actors, the Coogan Law was revamped in the ’90s following infamous parent-child income spats like Macaulay Culkin’s. Now the social-media gen is taking initiative to protect their income — and privacy. A grassroots movement to hide kids’ faces and keep them off screen has been gaining momentum, and Illinois’ new law was proposed by a 15-year-old.

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