In recent years, the rise of young influencers has exploded in popularity. This trend has led to a fierce battle over the proper way to protect minors in the digital age. Countries like China, France, Australia, and parts of the United States are taking steps to safeguard young individuals involved in social media and content creation. The discussion of protective measures raises the most profound questions. Just as family influencers are on the rise, we need to think about what ethical imperatives and regulatory guards we need to protect children in this new influencer economy.
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Young Australians can now lodge complaints with Australia’s e-Safety Commissioner. This aligns with their reaction to sexual, violent, or harmful content they experience online. While this may be a mechanism to report totally harmful and dangerous content, there still is a larger regulatory environment that is completely unregulated. It is no surprise, then, that influencers and experts alike have expressed alarm over the industry’s practices and the need for stronger, clearer safeguards.
Comprehensive Regulations in Other Countries
China is far and away the global leader in child influencer regulation. One of the leading voices in this conversation has been Crystal. She notes that the state has some of the strongest laws in the country meant to protect youth in the influencer economy. These frameworks create the legal environment where children’s rights take precedence, which is why it is so important for other countries to adopt such regulations.
In 2020, France adopted additional protections for young influencers. These rules were put in place to limit working hours and forming a legislated “right to be forgotten.” Under 14, young influencers can now ask to have their personal data erased from platforms. This important right is a significant step to protect their privacy.
California and Illinois in the US have moved to strengthen child labor laws to cover content creators. These laws require that parents save some of their child’s income. This money is invested in an account, giving the family access to it only once the child becomes adult. These types of legislative maneuvers showcase the increasing acknowledgment of some distinct challenges that present themselves with child influencers.
“Brands should put these rules into contracts if they know children are going to be involved in videos.” – Soup
The Ethical Landscape of Family Influencers
Family influencers have quickly become a hugely lucrative industry both in Australia and around the world. While this trend is undeniably exciting, it presents pervasive ethical issues in the short-term, including issues of privacy and consent. Faith Gordon is an associate professor of Law at ANU with expertise in youth justice. Below, she illustrates the ways play and work start to overlap for kids like the Tuckers.
When children’s daily lives are filmed constantly, it becomes unclear when they are simply playing and when they are working. Gordon is especially poignant in describing how filming steps into the most intimate space imaginable—the home. In this space, people must be free to unwind away from the watchful eye of millions.
“The family home is one of the most private spaces that we have in our lives, somewhere that one would hope to be relaxed … without someone observing them constantly, [let alone] millions of people.” – Faith Gordon
Soup, a well-known influencer who has amassed over 18 million followers alongside her partner Caleb Finn, chooses to keep her children’s identities private despite their online presence being core to her brand. She highlights the need to better protect children working in the industry.
“You’re filming their tantrum, you’re filming when they’re going through puberty, their worst moments, and you’re posting that for millions of people to see.” – Soup
The Role of Brands and Social Media Platforms
As discussions about regulation continue, there is a growing consensus that brands and social media platforms must take responsibility for ensuring children’s safety. Crystal’s main point is that brands never really know what’s behind the safeguards they appear to put in place during influencer contracts.
She hopes for strong industry and government leadership and regulation that can be improved in an iterative way with input from the web. We hope this unprecedented collaborative approach can start a movement towards stronger protections for young influencers. Additionally, as Gordon astutely notes, there is a power dynamic that complicates factors of consent.
“There’s a clear power dynamic … so consent really comes into play quite considerably.” – Faith Gordon
Australia is taking the first steps toward banning children 16 and under from platforms like TikTok, YouTube, and Instagram that encourage vlogging. The shadow of enforcement and compliance concerns remains. Gordon raises a critical point: “If they can’t access these platforms but their content is being posted there, what do we do about that?”
The industry is still trying to figure out the best way to protect children and young adults while allowing them creative expression. As more families and creators have the opportunity to use this new medium, it is ever more important that we learn to approach these ethical quandaries.
