BILL NUMBER: S825A
SPONSOR: LIU
 
TITLE OF BILL:
An act to amend the labor law and the estates, powers and trusts law, in
relation to establishing protections for minors who are featured in
compensated video content
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation will provide protection to minors who are featured in
online videos and social media content that generates earnings.
 
SUMMARY OF PROVISIONS:
Section one would rename the heading of article 4-A of the labor law.
Section two would amend section 150 of the labor law by adding new defi-
nitions for "online platform," "family," "content creation," and
"content creator."
Section three would add new section 155 to the labor law. This section
would contain the following provisions:
*Establishing criteria that a minor must meet to be considered featured
in compensated video content
*Requiring content creators to establish a minor content creator trust
account when a minor is featured in compensated video content
*Requiring content creators to maintain certain records and to provide
such records to the covered minor on an ongoing basis
*Establishing the right of the covered minor to take civil action
against a content creator that violates this law
*Establishing the right of the covered minor to request content they are
featured in to be deleted and requiring online platforms to have an
online process for deletion
*Authorizing DOL to take civil action against online platforms that fail
to comply
Section four would add new section 7-7.2 to the estates, powers and
trusts law detailing the earnings distribution and requirements for a
minor content creator trust account. This section would also establish
the right of the covered minor to take civil action and authorize DOL to
do the same against a violating content creator and be awarded damages
upon successful action.
Sections five, six, and seven add exemptions to current child labor laws
for minors featured in compensated video content.
Section 8 is the effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The A print amendment makes minor substantive changes to definitions,
such as replacing "influencer" with "content creator" throughout the
underlying bill. In addition, the amendment increases the amount of
compensation owed to covered minors from equal to or greater than 50
percent to 100 percent. It also adds a new process by which covered
minors can have content they are featured in deleted. Finally, the
amendment authorizes both covered minors and DOL to take civil action
against violators.
 
JUSTIFICATION:
The Internet has created a world where anyone with a smartphone can
become a producer of content and parents and other caretakers can easily
upload videos of children, creating viral moments.
Child influencers, or children who star in online content that generates
earnings for the account holder, lack the protections granted to chil-
dren working in the film and television industry. With more parents and
children creating social media content each day, there is an increased
need for regulations to protect children against exploitation.
In 2016, Myka and James Stauffer rose to internet fame as they chroni-
cled their family's journey to adopt a special needs child named Huxley
from China. Huxley's participation in the content created by the Stauf-
fers yielded lucrative results, including product sponsorships, and
garnered millions of loyal viewers. Unfortunately, the couple shockingly
revealed their decision to "rehome" Huxley nearly 2 1/2 years after his
adoption. It is unclear whether the child reaped any financial benefit
from the franchise he had no choice in creating.
Our labor laws have not kept pace with the digital age, and as a result,
"kid influencers" are falling through the cracks. This bill will ensure
that children that participate in creating online content receive their
share of earnings that the content may generate. Like children working
in the film and television industry, this legislation would require the
creation of a trust account for minors when their appearances make up a
significant portion of the content shared on such account and generates
earnings. The earnings set aside shall become available to child upon
turning eighteen.
 
PRIOR LEGISLATIVE HISTORY:
2025: PASSED SENATE
2024: S.8735-A- PASSED SENATE
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
NONE NOTED.
 
EFFECTIVE DATE:
THIS ACT WOULD TAKE EFFECT ON THE NINETIETH DAY AFTER IT BECOMES A LAW.

Statutes affected:
S825: 150 labor law, 130 labor law, 130(2) labor law, 131 labor law, 131(3) labor law, 132 labor law, 132(3) labor law
S825A: 150 labor law, 130 labor law, 130(2) labor law, 131 labor law, 131(3) labor law, 132 labor law, 132(3) labor law