Although there are child labor laws in California that are designed to protect child stars from exploitation (The Coogan Act), the same protections don't always apply to child YouTube and Instagram stars, or kid influencers. Kid Influencers accounts are usually run by their parents since platforms like YouTube and Instagram have age limits of 13 years old. One consequence of not owning their accounts is that all profits received go directly to the guardians and, unlike traditional child actors in California, these guardians are not required to set aside some of the profits for the children. Advocates like Paul Petersen, believe the legal protections like those in California should apply to children outside of the state. Petersen has said that because YouTube is in San Bruno, California and they are paying to broadcast children, California law must apply to those child stars.
Many guardians of kid influencers feel these regulations are unnecessary and that the guardians are doing most of the work. They claim that the kids are simply having fun and are barely cognitive that they are technically working. However, there are already too many examples of guardians exploiting their children through social media.
Advocates believe that because these guardians are monetizing their kids that these child influencers absolutely deserve the wages earned. Democratic California assembly member Kansen Chu recently introduced a bill that would amend The Coogan Act to cover “employment of a minor in social media advertising.” Law professor Veena Dubal believes that once the public recognizes the work kid influencers do as traditional work, the necessary changes to the law will follow.
To read more on the topic of child influencers and wage regulation, check out this article from the Guardian.