Social Media Blurred Family Boundaries, The Law Is Just Now Catching Up to Parents

Recently, the rapidly evolving landscape of social media has brought unique challenges to the forefront. The case of Ruby Franke and her children has highlighted the intricate legal considerations surrounding children featured in social media content. Shari Franke, Ruby’s daughter, testified before the Utah House of Representatives lately to draw attention to the “24/7 labor” that children are subjected to when they are the topic of influencer parents or are the influencers themselves. Shari highlighted that she was never paid but was, for instance, bribed by her mother to make content out of embarrassing moments in her life.

Children’s Rights and Parental Authority

Children often star in their parents' content, making significant contributions without commensurate compensation. A primary question arising from this scenario is: What are children's rights over their own name, image, and likeness?

Under California law, parents wield substantial control over their children's NIL. Legally, parents can grant third parties the right to utilize their child's name, image, and likeness. This statutory authority essentially binds children to the terms agreed upon by their parents. Consequently, it's rare and legally challenging for a child to contest such grants of NIL rights, unless they pursue emancipation.

Emancipation offers a pathway for minors to gain legal independence from their parents. Once emancipated, a parent can no longer make agreements for a child, including those pertaining to NIL rights. However, emancipation is a radical legal step that involves proving self-sufficiency, among other requirements, making it an impractical option for many children involved in social media.

Emerging Legal Protections for Child Influencers

California has been proactive in attempting to protect the financial interests of child influencers. At the core of this protection are two recently signed legislative pieces. The first extends an existing law that initially applied to child stars in traditional media by requiring that employers place 15% of the child's earnings into a trust account. This account can only be accessed when the child becomes an adult. California recently expanded the statute to make it clear it applied to child influencers.

However, this statute’s applicability isn't straightforward for influencer families like the Frankes. The ambiguity arises because Ruby Franke acts as a parent and maybe an employer, complicating the enforcement of such trust accounts. The law currently lacks explicit language to categorize parents in these dual roles definitively, but California enacted another statute to close the loophole.

The second legislative measure aimed at social media income. Under this new law, when a parent's social media earnings involve content that prominently features their children (defined as 30% or more), a portion of the income must be allocated to the children. Parents must create a trust fund for their children, meticulously documenting the earnings and the children’s appearance details.

This law specifies rigorous record-keeping, ensuring transparent accounting for how much time children spend in content and the corresponding income generated. This detailed tracking of children's participation aims to secure rightful compensation and protect the financial welfare of young influencers.

Moving Toward Fair Compensation But Not Ownership

While children do not inherently own NIL rights independent from parental control, California's legislative steps demonstrate a commitment to financial fairness. Ensuring that children receive compensation for their contributions, even if deferred until adulthood, marks a shift toward recognizing the efforts of young influencers.

The overarching challenge remains the balance between parental oversight and children's autonomy over their NIL rights. Social media has complicated traditional parent-child dynamics, particularly when parents’ livelihoods depend on content featuring their children. California’s ongoing legislative adjustments are commendable, pushing the boundaries to adapt to new realities and safeguard children's interests.

While it may be challenging to envisage children fully owning their NIL rights in the near future, California’s proactive measures represent a step in the right direction. By mandating trust accounts and income allocations, the state ensures that child influencers are compensated and protected within their unique profession's evolving framework.