social media influencers, influencers, kidfluencers, labor, child protection


Despite the explosive growth of social media and various lobbying efforts, the legal system has fallen woefully behind in extending labor protections to children engaged in social media production. This Comment will offer a solution to the current gray area surrounding kidfluencers and the lack of protections they are afforded. First, this Comment will discuss the emergence and growth of the kidfluencer industry and explore the legal history of child labor laws in the United States, specifically evaluating protections historically provided to child actors. Second, this Comment will explain why posts by kidfluencers should be considered work, explore the harms facing kidfluencers, and advocate that protections—carefully balanced against parental rights—should be extended to kidfluencers. Finally, it will propose a reasonable recommendation on how to best minimize the potential exploitation kidfluencers face through the creation of federal legislation inspired by child actor protections.