By Mallory Feeney
The Colorado House of Representatives this week passed bipartisan legislation to ensure children featured in online content can access the money they earned once they reach adulthood. HB26-1058 passed by a vote of 56-9.
“With the passage of this bill, we’re one step closer to protecting the privacy and personal dignity of Colorado kids featured in online content,” said Rep. Meghan Lukens, D-Steamboat Springs. “Similar to child actors, ‘kidfluencers’ in Colorado need protections and rights to ensure the money they earn during childhood can be accessed when they’re an adult. My bipartisan bill requires parents to establish a trust for their child when videos earn thousands of dollars. It also provides a way to remove online content once a child reaches adulthood.”
HB26-1058, also sponsored by Rep. Scott Slaugh, R-Berthoud, would establish new protections and requirements for children featured in online content, also known as ‘kidfluencers’. To ensure children are paid for their work, parents would be required to establish a trust for their child if the child earns at least $40,000 a year from online content. In addition, the child must be featured in 30-percent or more of monetized content in 30-day period, and the content must earn at least $0.10 per view in total compensation, including from sponsorships.
This bill would also allow children featured in monetized online content to request that the videos, pictures or other content be removed from the internet when they reach adulthood. HB26-1058 would protect against the sexualization of children for financial gain and establish avenues to pursue civil action on behalf of children if they are featured in sexualized content. To further stop the sexualization of children online, the bill requires social media platforms to develop and implement risk-based strategies that keep children safe.
Similar laws to protect child actors are already in place. Established in the late 1930s, California’s Coogan Law requires the earnings of child performers be placed in a protected trust. If HB26-1058 is signed into law, Colorado would join Illinois, California, Minnesota and Utah in enacting ‘kidfluencer’ protections.
Mallory Feeney is Media Relations Director, Colorado House Majority Office