EU Proposes Ban on Kidfluencers Amid Rising Concerns

Concerns about the safety of child influencers, commonly referred to as kidfluencers, have prompted significant regulatory discussions within the European Union (EU). The EU has announced plans to prohibit social media platforms from offering financial or material incentives to minors engaging in influencing activities. This proposal arises amid projections that the influencer marketing industry will grow from an estimated $31 billion to over $120 billion by 2028.

The proposed measures aim to safeguard minors online, as leading kidfluencers can earn millions each year. EU parliament members worry that the allure of lucrative sponsorship deals could pressure parents into encouraging their children to produce content for social media. While some nations and U.S. states have begun drafting laws around child influencers, experts warn that a blanket ban may not effectively protect children.

Growing Calls for Regulation

The EU’s proposition aligns with Australia’s recent legislation, which prohibits children under the age of 16 from maintaining social media accounts without parental consent and forbids accounts for those under 13. Voices from both the influencer industry and child protection advocates express that regulations are overdue globally. Samuel Dahan, an associate professor at Queen’s University Faculty of Law, emphasized the necessity of regulation, stating, “It should have been happening 10 years ago.”

Rossana Burgos, known as Mama Bee from the influencer family The Bee Family, supports the need for rules to protect child influencers. The family began their social media journey in 2013 and quickly gained fame. Burgos highlighted that while they have been successful, she is concerned about the increasing number of children being filmed for commercial purposes. “You cannot allow just anyone with a camera to start filming kids without being held accountable,” she remarked.

Debate Over Effectiveness of a Ban

The discussion surrounding a potential ban on kidfluencers is multifaceted. Karim S. Leduc, CEO of Dulcedo Talent Agency, advocates for the prohibition, citing concerns over parents who may exploit their children’s participation for financial gain. He stated, “Brands are willing to pay tens of thousands of dollars. Who’s to say that a parent who’s struggling with finance wouldn’t see that as a welcome opportunity to make that extra money?”

Kara Brisson-Boivin, Director of Research for Media Smarts, acknowledged the protective intentions behind a ban but cautioned against stifling children’s creativity and autonomy. Burgos echoed this sentiment, emphasizing that some parents can create safe environments for their children in the online space.

Dahan also pointed out the complexities of enforcement. The nature of home-based work complicates the identification of what qualifies as a kidfluencer. For instance, would a parent occasionally featuring their child in sponsored posts be violating the law?

In contrast, some regions are exploring alternative protections for child influencers. In 2020, France amended labor laws to extend protections to kidfluencers, including limited working hours and the allocation of their earnings into trusts until they reach adulthood. Other U.S. states, such as Illinois and California, have enacted laws requiring that earnings be safeguarded for minors.

As the EU moves forward with drafting legislation, the implications could extend beyond Europe. Dahan suggests that EU digital regulations often set global standards, potentially influencing how social media companies operate worldwide. This principle, known as the Brussels Effect, could reshape the landscape of child influencer regulations internationally.

As discussions continue, the focus remains on finding a balance between protecting young influencers from exploitation and allowing them the freedom to express their creativity in an increasingly digital world.