Newly Enacted Illinois Law Safeguards Internet-Exposed Children


Los Angeles-based Cam Barrett, a 24-year-old social media strategist from Chicago, has been having her life documented online since she was a child. Initially on Myspace and then on Facebook, Barrett’s mother constantly shared personal details and created storylines that led to her being bullied and ostracized at school.

In February, Barrett testified about her experience to the Washington state legislature, discussing how her mother’s actions affected her personal life. “When I was nine years old, the intimate details of my first period were shared online,” she said. “At 15, I was in a car accident. Instead of a hand being offered to hold, a camera was shoved in my face.” She eventually started isolating herself in her room to avoid appearing on camera.

Barrett has become a vocal advocate for child privacy online, speaking publicly and on TikTok about her own experiences. While her mother did not respond to a request for comment, Barrett is just one voice in the growing movement seeking to protect and compensate children featured in social media content.

Over the past two decades, as sharing mundane aspects of life on social media has become the norm, parents have increasingly monetized and gained attention from posting about their children online. Generation Z, the first generation to have their entire childhoods shared and monetized on social media, is now seeking regulations and labor protections for underage individuals creating monetized social media content.

Although there have been some indications that lawmakers are interested in addressing the issue, only two states, Washington and Illinois, have recently considered bills. The law in Illinois, which goes into effect on September 1, entitles child influencers to a percentage of the earnings made from their featured content, which is held in a trust until they turn 18. Sarah Adams, an online child safety advocate, hopes that Congress will soon regulate the online creator industry.

At present, children lack protections for their privacy, labor, and income generated from their online presence, Adams said. She emphasized the need to protect these children, who often see their every moment monetized and commercialized, leading to a deep invasion of privacy.

Senator Richard Blumenthal hopes that national lawmakers will pay attention to the unregulated influencer industry, particularly when children are involved. He pointed out the risks of exploitation, including sacrificing privacy, excessive working hours, and inadequate compensation. He believes that children providing online content need better protection and oversight.

Despite these concerns, there is currently little effort on a national level to establish the same level of restrictions that exist for children working in the film industry. These regulations include permits, limitations on school absence, and a requirement to set aside a portion of their income as savings.

The influencer marketing industry has grown significantly, reaching $16.4 billion in 2022 from $1.7 billion in 2016, according to Influencer Marketing Hub. Social media influencers, especially child influencers, can become incredibly profitable. For example, 11-year-old Ryan Kaji earned over $29.5 million from his YouTube channel in 2020, and an estimated $200 million from branded merchandise.

Family channels, where parents document and share content about their children on platforms like YouTube, Instagram, and TikTok, are extremely popular and lucrative due to advertising opportunities. However, these channels have faced scrutiny for going to extreme lengths to attract views, which some consider to be child abuse.

Efforts to address these issues are gaining momentum in various states. Illinois recently passed a bill that ensures a portion of the revenue generated by child influencers is saved in a dedicated trust fund until they come of age. However, the bill no longer includes provisions allowing child influencers to request the permanent deletion of content in which they are featured.

The sponsor of the Illinois bill, state Senator David Koehler, hopes that the legislation will serve as a blueprint for broader efforts to protect child influencers’ labor rights and privacy, similar to the regulations in place for child actors. The law specifically targets parents who exploit their children’s activities for personal gain on the internet. It only applies to creators whose content generates at least 10 cents per view or features their children in at least 30 percent of monetized content.

The issue of children being monetized online is an ongoing concern, and advocates continue to push for regulations and safeguards to protect children’s privacy and well-being in the influencer industry.

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