Abstract
On July 1, 2024, Illinois enacted pioneering legislation, which expanded its child labor laws to “[m]inors featured in vlogs.” This legislation marks the first successful attempt at protecting the finances of children in the business of social media influencing. Over the past several years, society has started recognizing the dangers of the otherwise lucrative child influencer industry, notably children’s lack of legal entitlement to their earnings.
Accordingly, the Illinois legislation began inspiring similar child labor laws in other states. This Comment analyzes whether Section 95 and Section 100 of Illinois’ Child Labor Law of 2024 maintain parental autonomy and adequately protect child influencers (“kidfluencers”) from economic harm. Although the Illinois legislature made a promising first attempt at protecting kidfluencers’ earnings, the new statute creates a significant gap. The statutory language, “[m]inors featured in vlogs,” categorically excludes earnings made by minors who profit off photo content from protection. Illinois courts use a statute’s plain language to determine legislative intent.
Therefore, if the Illinois legislature intended to protect kidfluencers’ finances earned through all types of social media content, it should adjust the statutory language of Sections 95 and 100 of the Child Labor Law of 2024. This Comment argues for an amendment that broadens the statutory language to encompass all mediums in which kidfluencers generate income. Once amended, the statute will continue serving as a template for other state legislatures.
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Entertainment, Arts, and Sports Law Commons, Family Law Commons, Internet Law Commons, Juvenile Law Commons, Labor and Employment Law Commons, Law and Society Commons, Science and Technology Law Commons