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ABSTRACT: Family vlogging has become an increasingly popular and influential genre of online content creation. While these channels offer an often entertaining, intimate glimpse into the lives of their creators, they also raise significant legal questions regarding the welfare and privacy rights of children featured in these videos. Until recently, there was little consideration of whether the children of family vloggers were due such fundamental protections as privacy, financial compensation for their contributions, or the right of consent to participate in vlogging activities. Several state legislatures are considering bills to protect these children, and one state has enacted legislation. The United States has addressed child labor issues, and some states have even addressed protecting child actors. Unlike traditional child actors, who are subject to federal and state regulations that limit their working hours, ensure their education, and protect their earnings, children who appear in family vlogs largely lack regulatory protection.
In August 2023, Illinois became the first and only state to enact legislation giving rights to children featured in for-profit family vlogs. Amending its Child Labor Law, Illinois now requires parents to put aside a percentage of earnings from content into a blocked trust fund for the child and keep records of their childrens contributions in vlogs. The law will take effect in July 2024. Washington and California are likewise considering legislation that ensures children in family vlogs get a share of the profits. Washingtons proposed bill also allows children, once they reach the age of majority, to petition for removing content involving them from the public sphere. While these legal developments emphasize the rights of the children, they necessarily involve a complex intersection of parental rights, child psychology, and the right to creative expression. As this type of social media content grows in popularity, there is a need for clearer regulations to safeguard the physical and psychological well-being of child vloggers while recognizing the rights of their parents. This Comment will draw upon the relevant legal and behavioral science literature to critique the approaches states are taking and to offer model legislation to encourage a balanced legal framework for regulating vlogging and protecting childrens rights.
Family vlogs are a popular genre of online videos that document the daily lives of families, often featuring...