LIKES, CAMERA, ACTION: SAFEGUARDING “CHILD INFLUENCERS” THROUGH EXPANDED COOGAN PROTECTIONS AND INCREASED REGULATION OF SOCIAL MEDIA.

As a result of the increased popularity of influencer marketing, various “child influencers” have risen to stardom on popular social media platforms such as YouTube, TikTok, and Instagram. To date, these children have no protections under the law to safe)guard them from the dangers of the influencer industry. Namely, there are no safeguards from financial exploitation by parents and guardians; children hold no guarantee that they can retain their earnings from social media. Further, there are no regulations in place regarding the number of hours child influencers may work and such children sometimes maintain little control over the extent of the content posted on their platforms. In fact, some parents log chronicles of their children before, during, and immediately after birth and continue to display their children’s lives as they grow and develop. This Note addresses the dangers that child influencers face and compares the current crisis to the struggles of childhood actors. Further, it recommends the expansion of child actor laws to also cover child influencers while recognizing potential oversight problems that may follow. Critics of other literature on this topic suggest that it is too difficult to track and regulate parents filming children in the home. To address oversight problems, this Note suggests further action through a three-pronged solution: (1) expand existing child actor laws to cover child influencers; (2) enact greater regulation of social media companies themselves to ensure compliance with child labor laws; and (3) increase enforcement through social media platforms’ community guidelines. Cracking down on social media companies and content posted on their platforms leads to a discussion about immunity under Section 230 of the Telecommunications Act. To that end, this Note calls for a revision of Section 230 to account for changes in the modern era. Together, these three solutions can help prevent the exploitation of children and afford them the protections they deserve. [ABSTRACT FROM AUTHOR]