Legislation to Protect the Financial Security of “Kidfluencers” Passes Senate

HB26-1058 would ensure children featured in online content are paid for their work

DENVER, CO – Legislation sponsored by Senators Matt Ball, D-Denver, and Katie Wallace, D-Longmont, to protect the financial security and right to privacy of minors who appear in monetized online content passed the Senate today. 

“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,” Ball said. “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,” Wallace said. “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 would establish new protections and requirements for children featured in online content, also known as “kidfluencers.” To ensure children are paid for their work, parents would be required to 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 bill would also allow 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 would protect against the sexualization of children for financial gain and establish 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 bill would require 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. If HB26-1058 is signed into law, Colorado would join Illinois, California, Minnesota and Utah in enacting kidfluencer protections.

HB26-1058 now moves back to the House for consideration of amendments. Track its progress HERE.