Illinois Passes Law Protecting Child Influencers, Requires Compensation for Online Content

A New Era for Child Influencers in Illinois: Compensation and Trust

A landmark law has officially come into effect in Illinois, protecting the rights of child influencers and ensuring they receive fair compensation for their online endeavors. Introduced by Democratic Sen. David Koehler in August 2023, the law is now part of Illinois’ existing Child Labor Law, providing a major breakthrough for child influencers and their parents.

According to the new law, children under 16 who “perform in an artistic or creative service” are entitled to compensation from their parent or guardian’s digital content. The state defines these posts as “content shared on an online platform in exchange for compensation,” meaning if a child appears in at least 30 percent of their parent’s social media posts over a month, they are eligible to receive a share of the revenue generated.

The compensation will be placed in a trust that the child can access once they turn 18. If a parent fails to comply with the law, their child has the right to take legal action.

The law was inspired by Shreya Nallamothu, a teenage resident of Illinois who raised the issue through a letter to Sen. Koehler. Nallamothu’s concerns about the permanence of online content resonated with the senator, who worked to bring the issue to light.

Illinois is the first state to implement such legislation, but other states are following suit. Maryland, California, and Wisconsin are considering similar laws, potentially paving the way for a nationwide change in how child influencers are treated.

Recent high-profile cases involving child and family influencers, including the arrest of vlogger Ruby Franke and the case against YouTube mother Tiffany Smith, have drawn attention to the need for greater protections.

This new law marks a significant step forward in protecting the rights and well-being of child influencers, ensuring they are fairly compensated for their online contributions and are given a voice in the digital age.

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