The Child Digital Protection Act aims to establish legal protections for minor children featured in family video content created by social media influencers. The bill recognizes that these children often generate significant revenue for their parents without receiving any financial compensation or legal protections. It mandates that content creators who meet certain profit thresholds must set aside a percentage of their earnings in a trust for the benefit of the minor child, ensuring that the child receives proportional compensation based on their likeness, name, or photograph used in the content. The trust contributions vary depending on the percentage of the minor's involvement in the video content, with specific percentages outlined for different levels of participation.
Additionally, the bill grants minors the right to request the removal of content featuring them once they reach the age of majority, ensuring they can control their digital presence. It establishes a private right of action for individuals harmed by violations of the act, allowing them to seek damages and injunctive relief. Content creators are also required to maintain records related to the minor's participation and the financial aspects of the content, which must be provided to the minor upon request. The act aims to enhance the rights and protections of minors in the digital content landscape, addressing concerns about privacy and financial exploitation.