BILL NUMBER: S825
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
influencer-generated content
 
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
influencer-generated content
 
PURPOSE:
This legislation will provide protection to minors who are featured in
online videos and social media content that generates earnings.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the article heading of article 4-A of the labor law
Section two amends section 150 of the labor law by adding four new
subdivisions 9, 10, 11, 12 and 13 to provide additional definitions.
Section three amends section 154-a of the labor law by renumbering it to
section 156 and adding a new section 155.
Section four amends the estates, powers and trusts law by adding a new
section 7-7.2.
Section five amends subdivision 2 of section 130 of the labor law by
adding a new paragraph i.
Section six amends subdivision 3 of section 131 of the labor law by
adding a new paragraph h.
Section seven amends subdivision 3 of section 132 of the labor law by
adding a new paragraph 9.
Section eight establishes the effective date.
 
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 children working in the
film and television industry. With more parents and children creating
social media content each day, there is an increased need for regu-
lations 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 it unclear whether the child reaped any financial bene-
fit 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.
 
LEGISLATIVE HISTORY:
06/05/24 PASSED SENATE
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
90 days after it shall have become 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