Children earning millions through social media platforms like YouTube and Instagram may be missing out on legal protections designed to prevent exploitation, according to former child actors and legal experts. While California has some of the strongest child labour laws for performers in the US, these regulations are not being regularly applied to child influencers, despite the platforms being based in the state.
Sheila James Kuehl, a former child star and co-author of California's 1999 child performer protection law, said the situation is akin to 'Uber but for child labour', with technology disrupting markets and side-stepping regulation. 'It is not play if you're making money off it,' she said, calling for the law to be amended to catch up with technology.
Some parents of kidfluencers argue the children are having fun, but others admit paid work is non-negotiable. Bee Fisher, mother of three Instagram-famous boys, told Wired that on paid work days, 'they have to be there'. The darker side of the industry was highlighted by the case of Machelle Hobson, an Arizona woman charged with abusing her adopted children, allegedly forcing them to perform in her YouTube channel.
Kuehl and other advocates are calling for lawmakers and regulators to step in, as the current legal framework fails to protect young stars who earn millions through unboxing videos, toy reviews, and other content. The issue raises questions about who owns the money earned by child influencers and whether their work is properly regulated.
