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New Minnesota law regulates minors'' roles in social media content

New Minnesota Law Regulates Minors' Roles in Social Media Content

In a groundbreaking move to protect child influencers, Minnesota has enacted a new law that addresses the growing phenomenon of minors appearing in monetized social media content. Set to take effect on July 1, 2025, the legislation aims to ensure that young participants in online videos and posts receive fair compensation for their contributions, drawing parallels to traditional child labor protections. This measure comes amid rising concerns about the exploitation of children in the digital age, where family vloggers, kidfluencers, and content creators often feature minors to generate revenue through platforms like YouTube, TikTok, and Instagram.

The law, sponsored by Rep. Zack Stephenson, DFL-Coon Rapids, and Sen. Erin Maye Quade, DFL-Apple Valley, was inspired by similar regulations in Illinois and seeks to fill a regulatory gap in the social media landscape. It specifically targets situations where minors are integral to content that generates income, requiring creators to set aside a portion of earnings in a trust fund for the child. This approach recognizes the unique challenges of online content creation, where traditional work-hour limits are difficult to enforce, but financial exploitation can still occur.

Under the new rules, if a minor under 18 appears in at least 30% of a content creator's compensated videos or posts within a 30-day period, the creator must allocate 15% of the gross earnings from that content into a trust accessible to the minor upon reaching adulthood. This percentage is calculated per video or post, ensuring that the compensation directly correlates to the child's involvement. For instance, if a family channel earns $1,000 from a video where a child is prominently featured, $150 would go into the trust. The law applies to any monetized content, including ad revenue, sponsorships, and affiliate marketing, but only if the creator resides in Minnesota or produces the content within the state.

Advocates argue that this legislation is a vital step toward safeguarding children's rights in an industry that has exploded in popularity. Social media influencing has become a lucrative career for many families, with some channels amassing millions of followers by documenting daily life, challenges, or educational content involving kids. However, critics have long pointed out the potential downsides: children may be subjected to long filming sessions, loss of privacy, and pressure to perform without reaping the financial benefits. The Minnesota law doesn't impose restrictions on the number of hours a child can appear on camera, acknowledging the blurred lines between family activities and professional content creation. Instead, it focuses on equitable pay, treating the child's participation as a form of labor deserving compensation.

Rep. Stephenson emphasized the need for such protections during legislative debates, noting that "kids are often the stars of these shows, but they don't see a dime until they're adults, if at all." He drew comparisons to the Coogan Law in California, which protects child actors in Hollywood by requiring a portion of their earnings to be saved. Similarly, Minnesota's law mandates that trusts be established for each qualifying minor, with funds held until age 18. Creators must also maintain detailed records of the child's screen time and earnings, which can be requested by the minor or their guardians.

Sen. Maye Quade, who has personal experience with online content as a parent, highlighted the emotional toll on children. "We've seen too many stories of young people who feel used by their families' online personas," she said. "This law gives them agency over their own image and earnings." The legislation passed with bipartisan support, reflecting a consensus that the digital economy requires updated safeguards. It was signed into law by Gov. Tim Walz as part of a broader package of child welfare reforms.

Enforcement of the law relies primarily on civil mechanisms rather than state oversight. Once a minor turns 18, they can sue the content creator—often a parent or guardian—for noncompliance, seeking the owed funds plus interest. This retroactive approach allows former child influencers to hold creators accountable years after the content was produced. Legal experts anticipate that this could lead to a wave of lawsuits, similar to those seen in entertainment industries, where former child stars have pursued back pay.

The law's scope is intentionally narrow to avoid overregulating casual family sharing. For example, a parent posting occasional videos of their child's birthday party without monetization wouldn't trigger the requirements. However, professional influencers who build brands around their children must comply. This distinction aims to balance free expression with child protection. Industry observers note that platforms like YouTube already have policies on child content, such as disabling comments on videos featuring minors to prevent exploitation, but Minnesota's law goes further by addressing financial aspects.

Critics of the law, including some content creators, argue that it could stifle creativity and impose burdensome administrative tasks on small-scale influencers. "Not every family vlogger is raking in millions," said one Minnesota-based creator who spoke anonymously. "Tracking percentages and setting up trusts might discourage people from sharing genuine moments." Others worry about the potential for family disputes, where children might later resent their parents for not complying fully.

Supporters counter that the law promotes transparency and fairness. Organizations like the National Center for Missing and Exploited Children have praised it for recognizing the risks of online exposure, including privacy invasions and long-term psychological impacts. Studies have shown that child influencers often face bullying, identity issues, and a lack of normal childhood experiences due to constant filming.

Minnesota isn't alone in this effort. Illinois passed a similar law in 2023, requiring 15% of earnings to be set aside for minors featured in at least 30% of content. California's pending legislation expands on its existing child actor protections to include social media. These state-level initiatives highlight a patchwork of regulations emerging as federal oversight lags. The Federal Trade Commission has guidelines on child privacy under COPPA (Children's Online Privacy Protection Act), but they don't address compensation directly.

In Minnesota, the law's implementation will be watched closely. The state Department of Labor and Industry may provide guidance on compliance, though it's not tasked with enforcement. Educators and child advocates are already planning workshops to inform families about the rules. For many, this represents a cultural shift: viewing children's online presence not just as family fun, but as potential work.

The rise of kidfluencers has been fueled by algorithms that favor engaging, relatable content. Channels like "The LaBrant Fam" or "That YouTub3 Family" have millions of subscribers, often centering on children's antics. In Minnesota, local creators like those documenting Midwest family life could be affected. One such family, the Johnsons (a pseudonym), shared how they monetize videos of their kids' sports events and daily routines. "We've always saved for their college," the parents said, "but this law formalizes it."

Experts predict that the law could influence content strategies. Creators might reduce children's screen time to below the 30% threshold or pivot to adult-focused material. Alternatively, it could encourage more ethical practices, like involving kids in decisions about their participation.

Broader implications extend to mental health. Psychologists note that children in content may experience performance anxiety or blurred boundaries between real life and online personas. The law indirectly addresses this by empowering minors financially, potentially giving them leverage to opt out.

As social media evolves, Minnesota's law sets a precedent. It underscores that in the attention economy, children's contributions have value—and they deserve a share. With the digital world increasingly intertwined with daily life, such protections ensure that the next generation isn't left behind in the rush for likes and views.

This legislation also sparks discussions on global standards. In countries like the UK and Australia, similar debates are underway, with calls for international guidelines. In the U.S., advocates hope Minnesota's model inspires federal action, perhaps through amendments to labor laws.

Ultimately, the law reflects a societal reckoning with technology's impact on childhood. By mandating trusts and transparency, it aims to prevent exploitation while allowing families to thrive online. As one advocate put it, "It's about giving kids a stake in their own stories."

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[ https://www.startribune.com/new-minnesota-law-regulates-minors-roles-in-social-media-content/601421884/ ]