JOINT RELEASE: Gov Signs Bipartisan Bill to Protect the Financial Security of “Kidfluencers”
HB26-1058 ensures children featured in online content are paid for their work
DENVER, CO - Governor Jared Polis today signed bipartisan legislation into law to protect the financial security and right to privacy of minors who appear in monetized online content.
“In a digital age, we need to be doing more to prioritize the safety and financial security of children featured in online content, which is why this legislation is being signed into law today,” said Rep. Meghan Lukens, D-Steamboat Springs. “This bipartisan law steps up to protect ‘kidfluencers’ by requiring parents to establish a trust for their child when videos earn thousands of dollars. It also provides the right to remove online content once a child reaches adulthood. I’m proud to have sponsored this new law that helps protect the privacy and personal dignity of Coloradans with online content."
“Across Colorado, parents and guardians are increasingly creating content that generates real income, but the children they feature may reach adulthood with nothing, despite years of their image and likeness being used for profit,” said Sen. Matt Ball, D-Denver. “In the early days of Hollywood, states stepped in to ensure that child actors were fairly compensated for their work in adulthood. This legislation would offer the same compensation and protections for children participating in the digital economy.”
“Kidfluencers have entertained social media users across Colorado for years, but current law doesn’t require any earnings to be saved or shared with the child,” said Sen. Katie Wallace, D-Louisville. “This new bill will make necessary updates to prevent exploitation of Colorado kids online, ensuring the earnings they make as kids will be available to them as adults.”
HB26-1058, also sponsored by Rep. Scott Slaugh, R-Berthoud, establishes new protections and requirements for children featured in online content, also known as “kidfluencers.” To ensure children are paid for their work, parents must establish a trust for their child if all three conditions are met:
The content creator earns at least $40,000 a year from online content;
The child is featured in 30-percent or more of monetized content in a 30 day period; and
The content earns at least $0.10 per view in total compensation, including from sponsorships.
This law also allows children featured in monetized online content to request that the videos, pictures or other content be removed from the internet when they reach adulthood. It protects against the sexualization of children for financial gain and establishes avenues to pursue civil action on behalf of children if they are featured in sexualized content. To further stop the sexualization of children online, the law requires social media platforms to develop and implement risk-based strategies that keep children safe.
Similar laws to protect child actors are already in place. Established in the late 1930s, California’s Coogan Law requires the earnings of child performers be placed in a protected trust. Colorado joins Illinois, California, Minnesota and Utah in enacting “kidfluencer” protections.