EU Proposes Ban on Kidfluencers to Protect Minors Online

The European Union (EU) has announced plans to ban social media platforms from providing financial or material incentives to child influencers, also known as kidfluencers. This initiative is part of a broader effort to protect minors online, amid significant growth in the influencer market projected to rise from $31 billion in 2023 to over $120 billion in the next five years.

With top kidfluencers earning millions annually, EU leaders express concern that lucrative sponsorship deals may pressure parents to exploit their children for online performances. While certain countries and U.S. states have begun implementing regulations regarding child labor in this context, experts caution that outright bans may not effectively safeguard children. Notably, Canada lacks specific legal protections for kidfluencers.

Proposed Regulations and Global Context

The EU’s proposal mirrors Australia’s recent measures, which prohibit children under the age of 16 from having social media accounts without parental consent, and entirely bans accounts for those under 13. Advocates for kidfluencer regulation argue that these protections are overdue both in Canada and internationally.

“Regulation is definitely welcome,” stated Samuel Dahan, an associate professor at Queen’s University Faculty of Law. Dahan emphasizes that regulatory measures should have been implemented a decade ago. Influencer Rossana Burgos, known as Mama Bee from the popular family account The Bee Family, supports the call for rules. Her family began creating content in 2013 and gained significant traction with partnerships from major brands like Disney and Walmart. Burgos insists that her children were never pressured to perform excessively and that their video shoots took place after school and other activities.

Nonetheless, she expresses concern over the increasing number of children being featured in influencer content without adequate oversight. “You cannot allow just anyone with a camera to start filming kids without being held accountable,” Burgos warned.

Debate Over Banning Kidfluencers

Support for a ban on kidfluencers comes from industry figures like Karim S. Leduc, CEO of the Montreal-based talent agency Dulcedo. He argues that the financial incentives could lead struggling parents to prioritize income over their children’s well-being. “Brands are willing to pay tens of thousands of dollars,” Leduc remarked. “Who’s to say a parent wouldn’t see that as a welcome opportunity?”

Conversely, Kara Brisson-Boivin, Director of Research for Media Smarts, acknowledges the protective intent behind a ban, but warns it could also hinder children’s creativity and autonomy. Burgos echoes this sentiment, advocating for regulations rather than an outright prohibition. She believes that many parents can create safe environments for their children to thrive in the digital space.

Dahan raises additional legal and technical challenges surrounding a potential ban. He notes that the complexities of home-based work environments make enforcement difficult. Questions arise regarding the definition of a kidfluencer, particularly when parents occasionally showcase their children in sponsored content.

As discussions unfold, the EU must draft and pass actual legislation to implement the proposed ban. If successful, this legislative action could set a precedent, influencing regulations in other countries. Dahan points out that EU digital regulations often shape global standards. For example, after the EU mandated a standardized charging connector, companies like Apple adapted their devices worldwide.

In contrast, some jurisdictions have already taken steps to protect child influencers. France has established labor laws ensuring that kidfluencers receive the same protections as child actors, including limited working hours and trust funds holding a majority of their earnings until they reach adulthood. Meanwhile, states like Illinois, California, and Utah have enacted laws requiring parents to save a portion of earnings for kidfluencers.

As the EU continues its deliberations, the conversation around kidfluencers raises critical questions about children’s rights in the digital age. The balance between protecting minors and allowing creative expression remains a pivotal consideration for lawmakers and industry leaders alike.