The rise of social media and digital platforms has significantly impacted the landscape for child performers, introducing new challenges in terms of legal protections. Traditional child actors, governed by laws like the Coogan Act, have established safeguards for their earnings and well-being. However, as platforms like YouTube, TikTok, and Instagram provide a new avenue for children to generate income, many of these young performers are working in an area where existing protections are either insufficient or non-existent.
Traditional Protections for Child Performers
The Coogan Act, passed in California in 1939, remains one of the most prominent legal frameworks for protecting child actors in the traditional entertainment industry. The act mandates that 15% of a child actor’s earnings be set aside in a protected trust account, known as a Coogan Account. This law was created following the case of Jackie Coogan, a child star whose earnings were mismanaged by his parents. Over time, other states have adopted similar protections, ensuring that young performers’ earnings are safeguarded from potential misuse by parents or guardians.
In addition to financial protections, organizations like SAG-AFTRA (Screen Actors Guild-American Federation of Television and Radio Artists) provide protections for young performers through negotiated contracts. These contracts address working hours, educational requirements, and on-set safety to ensure that child actors can pursue their careers without compromising their education or personal safety.
Challenges in the Digital Age
The rapid rise of social media has created a new category of child performers—often referred to as “kidfluencers”—who amass large followings and significant earnings through platforms like YouTube, TikTok, and Instagram. Unlike traditional child actors, kidfluencers typically operate without formal engagements, meaning they are not subject to the same child labor laws or union protections. The ease of creating content from home has increased the risk of exploitation, with many of these minors working without the oversight provided by traditional employment structures, such as on-set tutors or safety guidelines.
Moreover, the phenomenon of “sharenting,” where parents monetize their children’s online presence, has raised concerns regarding privacy, long-term financial security, and the psychological effects of public scrutiny. Unlike traditional child actors, who benefit from protections like the Coogan Act, child social media stars often lack similar safeguards, leaving their earnings and well-being vulnerable.
Addressing the Legal Gaps
Current legal frameworks do not adequately address the unique challenges posed by child performers on digital platforms. One proposed solution is to expand the definition of “child performer” under the Fair Labor Standards Act (FLSA) and state Coogan-type laws to include social media influencers, allowing clearer regulations regarding working hours, education, and financial protections for minors in the digital space.
Conclusion: Legal Protections for Young Performers in the Digital Era
As the entertainment industry continues to evolve with the rise of digital platforms, it is essential to address the needs of child performers to ensure they can thrive in their careers without compromising their safety, education, or financial future.
It is best to consult with an experienced entertainment attorney to help understand your child’s rights as a performer or social media personality.
