Latest / Mini Scroll / The Unregulated World of 'Child Influencers'
Transcript
- 0:00This episode discusses the exploitation of minors online
- 0:03and may be triggering or disturbing to some listeners.
- 0:07On July 27th, 2019, Jacqueline Paul posted a video getting her
- 0:11daughter ready for the day. Her daughter was less than a
- 0:14year old at the time and the video, set to a children's song,
- 0:17showed the baby getting bathed and having her hair brushed.
- 0:21Mommy and baby videos are not uncommon on TikTok, but
- 0:24something was different about this particular one.
- 0:28The video did not feature the mother, Jacqueline.
- 0:31Instead, the video was entirely about the baby, as if this Get
- 0:36Ready with Me was from her perspective.
- 0:39And the account that posted this video was not under the mother's
- 0:42name or even a family name. The account was under the baby's
- 0:47name, Ren Eleanor. The video reached over 300,000
- 0:51views and Jacqueline continued to post content from the
- 0:54perspective of Ren on this account almost every single week
- 0:58for the next three years, building one of the biggest
- 1:01followings in the history of child influencers at 17,000,000
- 1:06followers on TikTok alone. While the content may have
- 1:10seemed innocent at the start, the response to the videos put
- 1:13out by Jacqueline have raised many red flags for mothers and
- 1:17users alike. This, coupled with the recent
- 1:20high profile arrest and sentencing of mommy, YouTube
- 1:23Ruby Frankie has led to a very intense discussion about the
- 1:27consequences of putting children online between parents and
- 1:31platforms. Whose responsibility is it to
- 1:34protect children posted to social media?
- 1:38And what laws are in place to ensure that neither can exploit
- 1:41the vulnerable little humans in this equation?
- 1:45From Centennial World, I'm Lauren Meisner, and this is
- 1:49Infinite Scroll, a podcast about Internet culture, the creator
- 1:53economy and how social media is shaping.
- 1:55Gen. Zed, welcome back to Infinite
- 1:58Scroll, everyone. All right, so this is a pretty
- 2:02serious and heavy episode. It actually could be the
- 2:05heaviest, most intense episode that this podcast has ever done.
- 2:09Also, if you guys are watching on YouTube, I'm really sorry if
- 2:12the lighting is going in and out.
- 2:13I don't know what is going on. I feel like I changed the
- 2:15setting on my camera and it's going from like yellow to
- 2:18bright. Anyways, I'm sorry about that.
- 2:21But yes, this is going to be a very serious episode, so I
- 2:24wanted to bring you some good news before we get in to it.
- 2:29So I did tease the little Easter egg last week about my plans to
- 2:37bring back viral news and how I'm going to be doing that.
- 2:39And some of you guys did find it.
- 2:42So I'm very excited to announce that in two weeks I'm going to
- 2:46be launching something called Mini Scroll.
- 2:50So this is a daily podcast. Monday to Thursday it will be
- 2:55like a 10 to 15 minute episode every day of the news from the
- 3:01day before. So that is how you guys will get
- 3:03the news from me every day. I kind of I was going back and
- 3:07forth. I was like do I find a Co host?
- 3:09Do I try and do it myself? I know you guys missed the
- 3:10conversational element so much and I'm really sorry.
- 3:14Like there's honestly nothing I can do about it.
- 3:15I obviously can't have a conversation with myself.
- 3:18So you know, until I can get more Co hosts and things like
- 3:22that, Infinite Scroll is more polished and more serious than
- 3:27it used to be. Obviously because it's scripted
- 3:29and mini Scroll will be much more fun and hopefully
- 3:33lighthearted depending on the news, but it will be much less
- 3:35scripted. So you guys will get that kind
- 3:38of like personality from me in mini Scroll and you will also
- 3:42get me every single day. So it will be Monday to Thursday
- 3:45and then Infinite Scroll will drop on Fridays, so five days a
- 3:48week. That is so freaking wild.
- 3:50So that is going to start April 2nd.
- 3:53So that's obviously a Tuesday, but the Monday is Easter Monday
- 3:57weekend, whatever that holiday is.
- 3:59So yes, the first week will be 4 days and then following that it
- 4:02will be 5 days. So I'm so excited.
- 4:05I cannot wait to be bringing you guys back in.
- 4:08I feel like so many of you have stuck around through this
- 4:11transition with me, but I just really wanted to say like thank
- 4:14you so much for, you know, sticking by me and like seeing
- 4:18it through. And I knew that bringing you
- 4:20more content was the way to say thank you like legitimately.
- 4:24And I'm excited to get the engagement back up to get you
- 4:27guys excited about, you know, this podcast again.
- 4:30I'm really hoping that Mini Scroll will be the solution to
- 4:34that. So Mini Scroll will still be on
- 4:36the regular Infinite Scroll RSS feed so you don't have to go and
- 4:39subscribe anywhere else. It will also be on the YouTube.
- 4:42So like everything that you're already subscribed to, Mini
- 4:45Scroll will just show Go up there.
- 4:46All right, Well, on that note, as always, Please remember to
- 4:49rate, review and subscribe. It helps me so much.
- 4:52It means so much to me when I read your guys reviews.
- 4:55It's just like literally the thing that keeps me going.
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- 5:00Infinite Scroll. On Wednesdays we send out a
- 5:03commentary article about a trend, creator, drama or news.
- 5:07And on Fridays, we round up the five biggest thing pieces on the
- 5:10Internet from that week related to Internet culture.
- 5:13Join our Geneva group, which is also called Infinite Scroll,
- 5:15where you can chat with other people who are obsessed with
- 5:17Internet culture and creator drama NT.
- 5:20And you can chat with me. OK, so on to the reviews that we
- 5:22got this week. So Foxy friend from Great
- 5:25Britain says, I love Infinite Scroll.
- 5:27I listen to a different episode every night and is always the
- 5:30highlight of my day. I'm also really enjoying the new
- 5:32format of episodes. I came across the podcast on
- 5:35TikTok and I love this podcast so much.
- 5:37Thank you Lauren. Thank you so much.
- 5:39Honestly. Listening to 1:00 every single
- 5:41night? That is scary.
- 5:44That's a scary thought. Nothing would make me happier
- 5:47than being able to delete like the first, maybe two, probably
- 5:50two or three seasons. But thank you so much for being
- 5:53such a loyal listener and sticking it through.
- 5:56And I cannot wait. I'm gonna have 5 new episodes
- 5:59every single week. Fresh new episodes for you to
- 6:01listen to every single night before you go to bed, Marissa on
- 6:04Spotify said great episode. I appreciate the business
- 6:06updates. So interesting to revisit the
- 6:08mood around cancel culture and expectations of influencers from
- 6:122022. I definitely feel the
- 6:14temperature has cooled a bit. I completely agree.
- 6:17It was really interesting for me to find an episode to post last
- 6:21week to kind of like repurpose when I was off feeling not so
- 6:25well. Because yeah, listening back to
- 6:28some of our older episodes, ones that were prior to even just
- 6:31like last year, at the beginning of last year, like things were
- 6:34so have been so heated for so long, especially for basically
- 6:37like as long as we've had this podcast.
- 6:39I would say probably it's only been maybe like the last eight
- 6:41months that things have really like chilled out.
- 6:43But yeah, I completely agree, Very interesting.
- 6:46And then Amber on YouTube says I've been looking for more
- 6:49content on this topic relating to Gen.
- 6:51Z being more private. Honestly, this is a great time
- 6:53to update your old app. So many people are going more
- 6:56and more private online lately. Loved the video.
- 6:58Can't wait to see more from this podcast.
- 7:01Jacqueline Paul began posting content of Ren on TikTok when
- 7:04she was less than a year old. Ren is now 4.
- 7:07In December 2020, Jacqueline told 3 News Now Omaha that she
- 7:12started the account as a way to save memories.
- 7:14But when the account grew to over 4 million followers before
- 7:17her daughter even turned 2, Jacqueline, a single mother, saw
- 7:21the opportunity as a way to make money.
- 7:23Now we have discussed mommy vloggers and family channels
- 7:27numerous times on this podcast and I really considered if this
- 7:31was the right topic to explore this week.
- 7:34I wanted to make sure that in discussing this topic I would be
- 7:37providing new information for you guys, but also that this
- 7:41podcast would not be contributing to the alleged
- 7:44exploitation of Jacqueline's daughter or any other children
- 7:49discussed in relation to this episode.
- 7:52For that reason, I have demonetized the YouTube video
- 7:56and this episode is not sponsored.
- 7:58I will also not be including images or videos of any of the
- 8:02child influencers referenced in this.
- 8:04So if you watch on YouTube, this video will just be a lot of me
- 8:08talking to you. Something that is worth
- 8:11exploring about this topic is that the account in question is
- 8:15not a family account and Jacqueline is not a mommy
- 8:18vlogger. The TikTok is an account made
- 8:21for a four year old which goes against the platform's terms of
- 8:25services that states users must be thirteen or older to have a
- 8:29TikTok account. The toddler is obviously not the
- 8:32one shooting and uploading videos of herself.
- 8:35This is a loophole that Jacqueline and other parents who
- 8:37have created accounts for their young children count on to
- 8:41protect themselves from having these accounts banned.
- 8:44So why then, if these accounts are only skirting by on a
- 8:47logistical loophole, does TikTok refuse to de platform them
- 8:51despite countless users reporting them?
- 8:54It comes down to the laws, or lack thereof, about posting
- 8:58children on the Internet. But before we get into that,
- 9:02it's important to understand why users are worried about these
- 9:05accounts and the children who star on them.
- 9:08One of the major arguments against children's accounts is
- 9:11that parents are pandering to creeps online.
- 9:14They are frequently accused of deliberately posting suggestive
- 9:17content of their children, knowing it could end up in front
- 9:20of predators, as EJ Dixon writes for the Rolling Stone quote.
- 9:25To be clear, there is no evidence that Jacqueline is
- 9:27exploiting Ren in any way. Rather, the concern seems to be
- 9:31centered more on the type of content Jacqueline is posting,
- 9:34such as a now deleted video of Ren playing with a tampon or Ren
- 9:38taking a bath in a bathing suit. According to posts on a
- 9:41subreddit devoted to Ren that has more than 13,000
- 9:44subscribers, commenters have pointed out not only that such
- 9:48videos get more likes and saves than some of Ren's other videos,
- 9:53but they have even tracked down the social media footprints of
- 9:56some of Ren's followers, pointing to concerning comments
- 9:58they have made or other videos they have saved to indicate they
- 10:02may be sexually attracted to children.
- 10:04Commenters have also pointed to the existence of fan accounts
- 10:07for Ren and searches such as Ren eating corn dog and Ren
- 10:12scandalous outfits as evidence that she is being sexualized by
- 10:15a contingent of her followers. Though it may be true that much
- 10:19of the audience for child accounts are clucky women and
- 10:22mothers who find kids content cute, several creators who make
- 10:27anti mommy vlogger content argue that the parents running these
- 10:30accounts would also be aware that possibly a more significant
- 10:35portion of the audience is made-up of adult men.
- 10:39In July 2022, Business Insider reported finding photos of Ren
- 10:44widely shared by presumably her male followers on Pinterest.
- 10:48Quote Insider found several Pinterest accounts with male
- 10:52names that commented on images of Ren saying cute and adding
- 10:56heart eye emojis, or had pictures of her in folders
- 10:59alongside multiple pictures of other young girls and babies.
- 11:03One was titled Girls I Like, while another had several images
- 11:07of children tied up and gagged. Insider also noted that the
- 11:12videos Jacqueline posts of her toddler have an alarming number
- 11:15of saves quote One video from March 2022, for example, shows
- 11:20Ren in the bath, which was liked 880,000 times and saved 22,000
- 11:26times. Another, which is over 10
- 11:28million views, shows Ren using perfume, pretending to shave
- 11:32with a razor and mimicking inserting a tampon has been
- 11:35saved 385,000 times. Keywords that come up when
- 11:40searching the username Ren Eleanor include several terms
- 11:44that could be deemed suggestive or adult, including eating corn,
- 11:47dog crop, top tampon and role play.
- 11:51Again, this episode is not a specific look into Jacqueline
- 11:55and her daughter, but they are by far the most high profile
- 11:59example of this at this moment, so a lot of the existing
- 12:02coverage on this topic relates to them.
- 12:05Making matters worse, as noted by Rolling Stone, the online
- 12:09trend of fan accounts that republish content of public
- 12:13figures also occurs in this space.
- 12:15Many of these child influencers have fan accounts run by
- 12:18strangers who republish their content, spreading it to even
- 12:23more audiences with even less parental control over who is
- 12:26seeing it and the ways that they engage with it.
- 12:29And that's the crux of this issue.
- 12:31Once the child is online in any capacity, the parent has
- 12:36effectively lost control of that child's image.
- 12:40So while they may have comments turned off on their own account,
- 12:43or they may even be proactively wedding out suspicious users,
- 12:47those people can just go to fan accounts.
- 12:49And more insidiously, many parents of these child
- 12:52influencers engage with support and follow the fan accounts.
- 12:57Anyways. Before I get further into this
- 12:59episode, I want to address the common criticism that people
- 13:03receive when they speak up about the dangers of child influencers
- 13:07and the very real possibility that content of these children
- 13:11could end up in the wrong hands. The number one criticism is that
- 13:15the content posted by the parents is innocent and it's the
- 13:18people speaking out who are sexualizing the child.
- 13:22Discussing what is happening with children online in an
- 13:25effort to protect them is not exploitation by the person who
- 13:29is speaking up. If we cannot speak up about
- 13:32Child Exploitation and abuse without being branded as a
- 13:36predator by trolls online, then no child will ever be safe.
- 13:40And there have been several cases now of online audiences
- 13:43speaking up against the parents of child influencers for posting
- 13:47really damaging content, and law enforcement has actually stepped
- 13:51in. One of the earliest examples of
- 13:53this is the Daddy O 5 YouTube channel, who ended up losing
- 13:57custody of two of five of their children when a 2017 vlog got a
- 14:01lot of attention from viewers for being abusive.
- 14:04Another more recent example is that of the 8 Passengers family
- 14:07channel Ruby Frankie. Both prior to and after Ruby's
- 14:11arrest, her daughter Sherry, who is now an adult, worked with
- 14:15viewers to collect evidence of her mother's child abuse that
- 14:19had been filmed on their YouTube channel for years.
- 14:22Sherry spoke out on podcasts and on her Instagram account asking
- 14:25for viewers help. All of this contributed to Ruby
- 14:28being charged with six counts of aggravated child abuse and her
- 14:32subsequent sentencing. So these conversations work, and
- 14:37they are not about taking children away from innocent
- 14:39parents. Users are not having these
- 14:42conversations to exploit Ren or other children in these
- 14:46situations for clicks and views, no one wants to talk about Child
- 14:50Exploitation and child abuse. There are so many other topics
- 14:55users could cover to get those clicks and views.
- 14:58With that in mind, the concern about what Jacqueline was
- 15:01posting online escalated in June 2022 with the circulation of the
- 15:05hashtag save Ren. Under this hashtag, users shared
- 15:09their concern for the child and called on TikTok to shut the
- 15:12account down. While it's unclear how this
- 15:14movement first started, it gained significant momentum
- 15:18after one creator made a video showing screenshots of comments
- 15:22posted by adult men on Ren's content that seemingly
- 15:25sexualized the child. Despite garnering millions of
- 15:29views and presumably many, many account reports, TikTok did not
- 15:34remove Ren's account. A few weeks after the #began
- 15:38circulating, the comments were temporarily turned off the
- 15:41account, and when Jacqueline turns them back on, they were
- 15:45limited, presumably in an attempt to weed out
- 15:48inappropriate posts. TikTok creator Samantha
- 15:51Kastenholtz is amongst a growing number of mothers who have
- 15:53spoken out about the comments and direct messages that their
- 15:57children receive online. In February of this year,
- 16:00Samantha made a video urging family vloggers to reconsider
- 16:03sharing their children on social media.
- 16:05My husband and I came to a decision today that we're no
- 16:07longer going to show our daughter 7's face anymore.
- 16:10Probably wondering why, but you know, we've had a long talk
- 16:13about this and I just feel like we live in a very disgusting
- 16:16world. And it's so sad because I spent
- 16:20five years keep trying to get pregnant and I did 2 rounds of
- 16:23IVF and I had low eggs and like, the chances of me getting
- 16:26pregnant were so minimal. So I was so proud to show off my
- 16:30miracle baby and just, you know, show our daily lives and
- 16:33everything that we're doing in such an innocent way.
- 16:36And yet there are so many gross people out there, and the saves
- 16:39on my videos just keep getting higher and higher.
- 16:42And I I get messages every day about her.
- 16:45And there's people saying I am in love with your baby,
- 16:47literally sending me messages saying this.
- 16:49This is only the bare minimum. I'm not even going to go into
- 16:52detail about other messages I've got or comments or just shares
- 16:57and the people following me. I have an Instagram I made for
- 17:00her and it's private, and I have over 600 friend requests in her
- 17:04inbox from men, and she's not even one years old.
- 17:07She is a baby. It is so disgusting and I just,
- 17:12I can't take it anymore and every time I post a picture or a
- 17:15video of her in the back of my head I'm thinking, what is going
- 17:17to happen with this video? It seems inappropriate comments
- 17:20and DMS are sadly par for the course for child influencers.
- 17:24Just last month, the New York Times published an investigation
- 17:27into the accounts of young girls run by their mothers.
- 17:30The reporters analyzed 2.1 million Instagram posts
- 17:35monitored. Months of online chats of
- 17:38professed pedophiles and interviewed over 100 people,
- 17:43including parents and children, quote thousands of accounts
- 17:46examined by the Times offer disturbing insights into how
- 17:50social media is reshaping childhood, especially for girls,
- 17:54With direct parental encouragement and involvement.
- 17:57Some parents are the driving force behind the sale of photos,
- 18:01exclusive chat sessions and even the girls worn leotards and
- 18:05cheer outfits to mostly unknown followers.
- 18:09The most devoted customers spend thousands of dollars nurturing
- 18:13the underage relationships. The large audiences boosted by
- 18:16men can benefit the families, the Times found.
- 18:20The bigger followings look impressive to brands and bolster
- 18:23chances of getting discounts, products and other financial
- 18:26incentives. And the accounts themselves are
- 18:29rewarded by Instagram's algorithm with greater
- 18:31visibility on the platform, which in turn attracts more
- 18:34followers. One calculation performed by an
- 18:37audience demographics firm found 32,000,000 connections to male
- 18:42followers among the 5000 accounts examined by the Times.
- 18:46Interacting with men opens the door to abuse some flatter,
- 18:50bully and black male girls and their parents.
- 18:52To get racier and racier images, the Times monitored separate
- 18:57exchanges on Telegram, the messaging app where men openly
- 19:01fantasize about sexually abusing the children they follow on
- 19:04Instagram and extol the platform for making the images so readily
- 19:08available. Some of the mothers interviewed
- 19:11for the Times piece regret putting their children online,
- 19:14with one saying she feels like she scarred her daughter, who is
- 19:17now 17, into thinking that the only path for her future is only
- 19:21fans. Quote She's written herself off
- 19:24and decided that the only way she's going to have a future is
- 19:27to make Mint on only fans. With the wisdom and knowledge I
- 19:31have now, if I could go back, I definitely wouldn't do it.
- 19:35I've been stupidly, naively feeding a pack of monsters and
- 19:39the regret is huge. Another consequence of Hashtag
- 19:43Save Ren was that the movement forced Jacqueline to address her
- 19:46daughter's account. The past few months have been
- 19:48incredibly distressing and I've learned a lot.
- 19:52What started out as a hobby to make a digital scrapbook for my
- 19:54daughter Ren, grew into an interesting role for me as a
- 19:58single stay at home mom. Ren is my #1 priority, and her
- 20:02upbringing and safety are my top job. 24 hours a day.
- 20:06This account has allowed me to provide for my daughter and to
- 20:09set aside money for her future. I'm not sure how this conspiracy
- 20:14theory got started and spiraled out of control.
- 20:16What you need to know is that no law enforcement agencies I
- 20:20conferred with, including the FBI, have found any proof that
- 20:23my daughter's likeness appears on inappropriate websites.
- 20:26These rumors are 100% false. Jacqueline's response is highly
- 20:31controversial and many users on Tiktok have questioned it.
- 20:35I won't go into it all, but the claim that Jacqueline's daughter
- 20:38isn't posted on any inappropriate websites is
- 20:42missing the point. This is the defense for many
- 20:45parents of child influencers, but the problem here is that the
- 20:49FBI or whoever Jacqueline is working with doesn't need to
- 20:53look on the dark web for photos or videos of these kids.
- 20:57The content that these parents are posting for free on social
- 21:01media is enough. Though Hashtag Save Ren never
- 21:05stopped, the discussion around posting children online returned
- 21:09to the forefront of viral culture at the beginning of 2024
- 21:13following the arrest of YouTube mommy vlogger Ruby Frankie, who
- 21:17I previously mentioned. On August 30th, Ruby was
- 21:20arrested alongside her business partner Jodie Hildebrandt on 6
- 21:23counts of aggravated child abuse.
- 21:26According to longtime viewers of The Family Channel, this arrest
- 21:29was unsurprising and a long time coming given what the parents
- 21:33had posted online. Over the years.
- 21:35Ruby's arrest reignited the discussion around family
- 21:38vloggers and the ethics of posting children on the
- 21:40Internet, especially when those children become the breadwinner
- 21:44for the family. The difference here, though, is
- 21:47that Ren's TikTok is not a family account.
- 21:50With family vloggers and family accounts, the parents want to be
- 21:53famous themselves, which is usually why they start these
- 21:56channels in the 1st place. The parents typically featured
- 22:00just as frequently as the children and the content centers
- 22:03around family life and family dynamics.
- 22:06Jacqueline however, keeps much of her personal life private.
- 22:10The account is of and about her daughter.
- 22:14This is different from family channels, where both the
- 22:16children and the parents usually perform for the camera and
- 22:20exploit intimate details of their personal life for the
- 22:24success of the channel. Now, I don't want to minimize
- 22:27the experience of children who are involved in family channels.
- 22:30As mentioned at the top of this episode, we have covered the
- 22:33issues with family channels at length on this podcast.
- 22:36Family channels are absolutely exploitative and unethical and
- 22:41the children cannot consent to being part of these channels.
- 22:45Ren's experience, however, is more similar to that of a child
- 22:49actor. But unlike child actors, there
- 22:52are almost no laws in place to protect children like Ren.
- 22:56The American entertainment industry upholds the California
- 22:59Coogan law, which requires that 15% of a child's earnings go
- 23:04into a blocked trust account. However, for child influencers,
- 23:08there are currently few laws and regulations that protect them
- 23:11from working on social media, which means most parents are not
- 23:14legally required to compensate their children for their work,
- 23:18nor are they required to stick to any guidelines around working
- 23:22hours on the Internet. For those unfamiliar, the Coogan
- 23:25Law was named after Jackie Coogan, who was a Hollywood
- 23:28silent actor discovered by Charlie Chaplin.
- 23:30Coogan had earned an estimated 3 to $4 million as a child actor,
- 23:35which is equivalent to around $50 million today.
- 23:38His father was in control of his money, and his earnings were
- 23:41thought to be intact for him to receive them on his 21st
- 23:43birthday. However, his father died in a
- 23:45car accident five months before his birthday, and he discovered
- 23:50that nearly all of his fortune had been squandered by his
- 23:53mother and stepfather within those months.
- 23:57So Coogan sued them, and this attention brought about the 1939
- 24:01Coogan Act. When it comes to social media,
- 24:03however, there are many loopholes in the very few
- 24:07existing protective mandates. I will look at both the US and
- 24:11Australia. In researching this episode, I
- 24:13found that 12 U.S. states enacted bills or adopted
- 24:16resolutions in 2023 pertaining to children and Online
- 24:20Protection. The issue, however, is that the
- 24:23majority of the bills put forth for consideration in 2023 were
- 24:27about children's usage of social media and the content that they
- 24:31are exposed to, Not necessarily about the repercussions of
- 24:35children's likeness being used online.
- 24:39Last year, there was a landmark law passed in Illinois that
- 24:42requires parents to compensate child influencers.
- 24:44Starting July 1st, 2024, parents in Illinois will be required to
- 24:49put aside 50% of earnings for a piece of content into a blocked
- 24:52trust fund for the child based on the percentage of time
- 24:56they're featured in a video. For example, if a child is in
- 25:0050% of a video, they should receive 25% of the funds.
- 25:05If they're in 100%, they are required to get 50% of the
- 25:08earnings. However, this only applies to
- 25:11scenarios during which the child appears on screen for more than
- 25:1530% of vlogs in a 12 month period.
- 25:18So while this is a wonderful start and definitely shows that
- 25:23from a cultural and a legal perspective, we are starting to
- 25:26take things seriously. The Illinois law helps protect
- 25:30the money made by child influencers, but doesn't address
- 25:33the issue of children being online to begin with.
- 25:38Now it's not all hopeless. In addition to Illinois, three
- 25:42more states, New York, Washington State, and New
- 25:46Jersey, have proposed bills to protect child influencers.
- 25:50Maryland, Georgia, Ohio, Missouri, California, Arizona,
- 25:53and Minnesota have introduced similar legislation, and some of
- 25:57these bills are going one step further to protect the privacy
- 26:00of children in online content. In some states, proposed
- 26:04legislation would include a clause that would allow someone
- 26:07who is featured in content when they were a minor to request
- 26:11platforms permanently delete those posts.
- 26:14None of the current legislation introduced, however, would
- 26:17outright ban featuring minors in monetized content in Australia.
- 26:22To put it bluntly, there are basically no laws.
- 26:26We have strong online harassment and cyberbullying laws.
- 26:29But here influencer marketing operates under a voluntary code
- 26:33of best practice overseen by the Australian Influencer Marketing
- 26:36Council. So when a child works in
- 26:38entertainment, for example, they are protected by child
- 26:41employment laws specific to each state or territory.
- 26:45But this protection does not extend to when children are
- 26:47working with or for their parents on social media, media
- 26:51arts lawyer Stephanie Scott told LSJ Online quote What if mom has
- 26:55been hired by Betty Crocker to do an ad campaign and the brief
- 26:58is to take videos and photographs of baking a cake in
- 27:01your home kitchen with your daughter?
- 27:03So the daughter is not being engaged as the talent of the
- 27:05campaign. But if Mom is filming and
- 27:08directing all of the content herself and has provided a
- 27:10release form to Betty Crocker for her child to feature in the
- 27:13campaign, then it's murky as to whether the child is employed or
- 27:17whether they're baking a cake in their own home, and Mom just
- 27:20happens to be taking a video of it.
- 27:22At present, Australian children who are not engaged directly
- 27:25with a brand or agency are not viewed as employees of their
- 27:28parents, even if the content they create for their parents is
- 27:32monetized. As a result, they are not
- 27:34protected even when the child is engaged directly by a brand or
- 27:39agency. Australian child influencers are
- 27:42not guaranteed financial compensation when they are
- 27:45considered minors. The issue with children who have
- 27:47followings online, whether in the US, Australia or otherwise,
- 27:51are complex and far reaching. Beyond the lack of compensation,
- 27:55they include privacy rights, psychological issues, consent,
- 28:00or lack thereof when filming often begins from such a young
- 28:03age, and the dangers of being a public figure when you're a
- 28:07minor. In a new expose for
- 28:09Cosmopolitan, journalist for Tessa Latifi spoke with the
- 28:13children of family creators who told her that the pressure of
- 28:16their family's income being on their shoulders as a child took
- 28:20a massive emotional toll. Quote There was this idea that
- 28:23you have to look perfect and pretty and like nothing is wrong
- 28:26all of the time in front of the camera, the now 20 year old
- 28:29daughter of a 2010's family vlogger told Latifi.
- 28:33And if it seems like I wasn't trying hard enough to maintain
- 28:35that image, like my smile wasn't as bright as it should be or I
- 28:39didn't say a line with enough enthusiasm that would usually
- 28:42devolve into accusing me of not caring about our family, I was
- 28:47told by my mom Quote do you want us to starve?
- 28:51Do you want us to not be able to make our payment next month on
- 28:53the mortgage? Children should not be asked or
- 28:56expected to play out their milestones, their breakdowns,
- 29:00their trauma responses, and their moments of happiness and
- 29:04success in front of a camera. For millions of strange adults
- 29:09to consume, children cannot provide informed consent.
- 29:14Even if a parent asks their permission to film, children are
- 29:17unlikely to grasp that these videos will be publicly
- 29:20available for anyone in the world to watch.
- 29:24Children do not understand that once a video has been published
- 29:28online, it can never truly be removed.
- 29:31When it comes to the very few laws in place to protect
- 29:35children in this space, there is just too much plausible
- 29:39deniability. It's too easy for any parent who
- 29:42posts their children online to say things like it's just a
- 29:46video of my kid eating a banana. I didn't know that these men
- 29:49commenting on my posts were predators.
- 29:51So in addition to more legislation needed to protect
- 29:54children online, there needs to be some onus on the platforms
- 29:58and also on the brands who sponsor family channels and
- 30:02child influencers. In the Cosmo investigation,
- 30:05Latifi spoke with Grant, the patriarch of Tik Tok's popular
- 30:09Hay Eliam family. In 2023, Grant and his wife made
- 30:14the decision to stop being a family channel and remove their
- 30:17children from all posts and content.
- 30:20This decision took away almost all of their accounts
- 30:23profitability quote When we were showing our kids brands were
- 30:27rolling in left and right. Clothing companies, apps, paper
- 30:30towel companies, food brands, they all wanted us to work with
- 30:34them. Once we stopped, we reached out
- 30:37to the brands we had lined up and 99% of them dropped out
- 30:40because they wanted kids to showcase their products.
- 30:44And I fought back like you guys are a paper towel company, why
- 30:47do you need a kid selling your stuff?
- 30:49This is very much in line with other reports over the years
- 30:53that brands will pay family vloggers more on a brand deal
- 30:56based on how much their children feature in that content.
- 31:00So if children are in 100% of a sponsored video, brands will pay
- 31:04the parents a higher rate than if they only feature in 50% of
- 31:08the video, for example. Obviously, in a perfect world,
- 31:11money would never come before the safety of a child, but for
- 31:16people who are already monetizing their children's
- 31:19likeness, that is often not the case.
- 31:22So that brings us back to the top of the episode where TikTok
- 31:26users created the Save Run movement to put pressure on the
- 31:29platform to remove the account. This didn't work because, again,
- 31:34there is just too much plausible deniability for the platforms.
- 31:38These parents are not technically creating explicit
- 31:41content of their children, so these accounts do not
- 31:44technically go against the terms of service.
- 31:48And when it comes to age, gating Tik Tok's Terms of Service
- 31:51clearly state quote the services are only for people thirteen
- 31:56years old and over. By using the Services, you
- 31:59confirm that you were over the relevant age specified herein.
- 32:03If we learn that someone under the relevant age specified above
- 32:06is using the Services, we will terminate that user's account.
- 32:10However, as mentioned before, the loophole here is that it's
- 32:15technically the parents who are over the age of 13 running these
- 32:20accounts, and as a result the children technically have
- 32:25parental consent to be showing up on social media.
- 32:29They are getting away with all of this based off of
- 32:33technicalities. Right now, children being posted
- 32:36on social media is a Gray area. Profitability has come before
- 32:40their safety in almost every single element of this episode
- 32:44that we have explored. So that leaves us with some
- 32:46unanswered questions. In an environment where parents,
- 32:51platforms and governments refuse to take responsibility for what
- 32:56is posted and monetized on social media, who will protect
- 33:00the children and how many more kids need to be exploited before
- 33:05we finally put children's safety online above viral fame.
- 33:10Infinite Scroll is a podcast written, produced, edited and
- 33:14presented by me, Lauren Meisner for Centennial World.
- 33:18Additional research and reporting is by Annabelle.
- 33:20Ben, David, thank you so much for listening.
- 33:23I love you guys so much, and I will talk to you next week.
- 33:27Bye.