Child Influencers Can Now Sue Their Parents for Not Compensating Them, Illinois Law Says

A new Illinois law will force the parents of child influencers to compensate their children by setting earnings aside.

The law will go into effect on July 1, 2024, and ensures social media stars who are minors will see their own profits, discouraging parents from appropriating the money, according to Illinois Sen. David Koehler.

"The rise of social media has given children new opportunities to earn a profit," Koehler said in a press release via NBC5 Chicago. "Many parents have taken this opportunity to pocket the money, while making their children continue to work in these digital environments."

This law covers children under the age of 16 featured in content such as vlogs on platforms like TikTok or YouTube, and it entitles them to a percentage of earnings based on how often they appear in content that earns at least 10 cents per view.

For these children to be protected under the law, the content must be created in Illinois, and the children must be in 30% of the content over 30 days.

Parents — or whoever is creating the content featuring the kids — are responsible for keeping their own records of how often the kids appear online and are required to set aside gross earnings for the child in a trust to be saved for when they turn 18.

Alex Gough, who is a spokesperson for Illinois Governor J.B. Pritzker, told Teen Vogue in a statement that this law protects children from parents or guardians who may use them for financial gain.

"The internet provides more opportunities for children to display their creativity than ever before," the statement reads. "In the event that minors are able to profit from that creativity, they deserve to be shielded from parents who would attempt to take advantage of their child’s talents and use them for their own financial gain."

This is the first law specifically geared towards social media stars, as opposed to traditional entertainment.

According to Koehler, a 15-year-old named Shreya Nallamothu who resides in his district brought forth the idea for the bill.

In an interview with NBC5, Nallamothu — now 16— said she first became concerned about the state of family vlogging and other content that centers around children during COVID quarantine in 2020.

"I realized that there’s a lot of exploitation that can happen within the world of 'kidfluencing,'" Nallamothu told the outlet. "And I realized that there was absolutely zero legislation in place to protect [kids]."

Parents who enjoy posting photos and videos of their kids to Instagram or TikTok for fun don't have to worry, she said, as this law specifically targets parents making money from their social posts.

"This is for families who make their income off of child vlogging and family vlogging," Nallamothu said.