Child social media influencers in Illinois will now be able to sue their parents for their share of profits from online content. The new legislation signed into effect by Governor J.B. Pritzker last Friday ensures that “kidfluencers” in monetized TikToks and YouTube videos are able to benefit just as much as their parents do—and if their fair share is withheld, they can take their parents to court.
Illinois Senate Bill 1782, the first bill of its kind in the United States, amends state child labor laws to offer new protections to the children of online influencers. According to the bill, minors who are “engaged in the work of vlogging” and appear in a significant percentage of their parents’ content are entitled to a percentage of the earnings. To qualify, the videos must be made in Illinois, and “at least 30 percent of the vlogger’s compensated video content produced within a 30-day period included the likeness, name, or photograph of the minor.”
A portion of each video’s gross earnings must be put aside for the child in a trust account, accessible once they turn 18—and if the account is not created, the parents can be sued. At that same time, they can also ask that pictures and videos of them be deleted.
Senate Bill 1782 was first proposed by Democrat state Senator David Koehler after the issue was first brought to his attention by a teenage constituent. The bill unanimously passed the Democrat-supermajority state legislature in May before heading to Governor Pritzker’s desk last week.
“The rise of social media has given children new opportunities to earn a profit, but many parents have taken this opportunity to pocket the money while making their children continue to work in these digital environments,” said a statement from Koehler after the bill passed. “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.”
Child influencers generate an estimated $26 million per year through sponsorships and advertising. As the trend continues to grow, the online lives of internet-famous children and their families are becoming less and less private. As ABC News reports, what started with dance videos and funny toddler moments now shares “intimate details of children’s lives — grades, potty training, illnesses, misbehaviors, first periods — for countless strangers to view.”
Using existing protections for children in performance-based roles like film and stage acting, the Illinois government is hopeful that this new legislation will protect children from exploitation while also promoting creativity.
“The internet provides more opportunities for children to display their creativity than ever before,” Pritzker spokesperson Alex Gough said on Monday. “In the event that minors are able to profit from that creativity, they deserve to be shielded from parents who would attempt to take advantage of their child’s talents and use them for their own financial gain.”
Senate Bill 1782 is set to go into effect July 1, 2024. The bill can be read below in its entirety.
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