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Every day, the line between traditional and digital media gets blurrier. Content creators trying to break into movies, TV, and music is a pretty common occurrence these days, but plenty of celebrities who found their fame in the “traditional” manner have migrated to digital media. Everyone from popular athletes and beloved Disney channel starlets to record label execs and disgraced news pundits are starting podcasts and YouTube channels. Your favorite actor boosting their social media or your favorite YouTuber getting a part in an upcoming film feels less like jumping from one industry to another, and more like it’s all part of the same game.
Despite doubt that YouTube was a viable business when Google acquired it in 2006 and speculation that the golden age of user-generated content (UGC) has passed, YouTube is currently winning the streaming wars. With one billion (with a b) worldwide watch hours per day on televisions alone, they have been the most popular streaming service for over a year, staying ahead of Netflix and boasting higher usage than Prime Video, Hulu, and Disney+ combined. However, digital and social media still lag behind when it comes to worker protections, especially protections for young performers, but the winds of change are on their way in the form of influencer Coogan Laws.
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A Long Time Ago, in a Hollywood Far, Far Away…
Once upon a time, about 100 years ago in a Los Angeles devoid of influencers and smartphones on tripods, Jackie Coogan starred in Charlie Chaplin’s ‘The Kid’ (1921) as, you guessed it, “the kid”. Even though modern audiences would probably recognize him as Uncle Fester in ‘The Addams Family’ (1964) before they guessed a silent film from forty-some-odd years prior, ‘The Kid’ was his most popular role of many during the 1920s, pushing him into the spotlight and becoming incredibly successful long before he was even a teenager. Over the course of his child acting career, Coogan earned millions, but sadly, he never saw any of it. In his early 20s, he tried accessing the fortune he’d made acting, only to find his mother and step-father had spent his entire life’s earnings. When he sued them in 1938 for $4 million (worth about $66 million today), he lost. Coogan was awarded only $126,000 in damages, since at the time a child’s parents were entitled to 100% of their income, but the public outcry that followed led to the enactment of the 1939 California Child Actors’ Bill, known still today as The Coogan Law.
Over the years, The Coogan Law has changed and expanded to protect child performers not only financially, but also physically and emotionally by having teachers on set, limiting how long kids can work per day, etc. At the very core of this legislation is that 15% of a child actor’s earnings must be placed in a special trust called a Coogan Account, that only they can access once they reach the age of 18. This is done by the employer, and enforced by SAG-AFTRA. Outside of California, the states of New York, Illinois, Louisiana, and New Mexico also have Coogan Laws to protect young performers, all slightly different from each other, but with the same core goals. These laws protect all sorts of performers: actors, singers, dancers, comedians, even positions behind the camera. However, there is a rapidly growing segment of young performers that are particularly vulnerable to exploitation: child content creators and children of influencers.
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The New Age of the Child Celebrity
Sharenting, kidfluencing, family content, it goes by many names, but there’s no denying that there are a lot of children whose presence in digital and social media content is being monetized, sometimes with compensation and their knowledge and consent, but often without.. For every success story, there is a colossal failure. For every Ryan Kaji, the face of Ryan ToysReview whose parents ensure he goes by a fake last name online and save almost all of his earnings for when he’s an adult; there’s a Stauffer family, YouTubers who decided to “rehome” their adopted son years into exploiting his adoption process and mental illness for views in the interest of being able to continue producing video content.
Despite numerous horror stories, many regular viewers would still say family content isn’t inherently exploitative, as long as no crimes are being committed. However, given that two thirds of adults don’t understand what companies do with their digital data, it’s unreasonable to expect a child to fully understand the ramifications of using their likeness and real name online, not to mention just how much money influencers make or how mom and dad may be using that money without their kid’s knowledge. Often parents have complete control of the social media accounts their children appear on, which of course includes the monetization mechanisms. Without a union like SAG-AFTRA to enforce a Coogan-style law, is there anything governments can reasonably do?
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Make Some Noise for Illinois
Last year, Illinois passed an amendment to their child labor laws requiring parents put 50% of their children’s earnings from social media into a blocked trust. While it is difficult to enforce preemptively, as of July 1st, 2024, children whose presence in digital media was monetized have the right to sue their parents for improper compensation once they turn 18. This is a huge step in the right direction, and it hopefully won’t be the last. Legislators in other states have proposed similar regulations, and California– the birthplace of the original Coogan Law– and others have made strides when it comes to data privacy for minors online. Congress is currently working on federal laws that concern consumer protections and data privacy for minors, but the safety of kids as creators is yet to be addressed on a national level. Worldwide, countries like France are taking a much firmer stance when it comes to both content creation and consumption among children, while the EU and UN encourage their members to act when it comes to children’s data online, particularly when it comes to social media.
As the divide between traditional and digital media continues to erode, regulations will need to keep up. In a better world, Coogan Laws become nationwide regulations across all forms of media, and trusts for child influencers’ earnings are administered in a similar fashion to Coogan trusts, by the employers and UGC platforms themselves. Whether you think family content online is valuable, or that it should be banned altogether, it’s hard to imagine the genre disappearing any time soon. California especially needs to stay on the ball, as a hub for both Hollywood stars and the largest number of content creators out of any other state. It’s a long road ahead, and this is just the beginning.
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Author
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Abigail Whitehurst is an entertainment professional and writer for Hollywood Insider based in Los Angeles, CA. Having lived all over the world as part of a military family and having pursued a bachelors of music, she brings a unique outlook to the entertainment industry. A life-long learner and researcher, Abigail is pursuing her masters in entertainment management. She strives to write through the lenses of context, analysis, and Hollywood Insider’s values to bring a fresh perspective to industry trends, entertainment business, and new film and TV releases. Her favorite place is a movie theater, and she’s always hunting for the deeper meaning and studying media as it pertains to culture. Film, TV, and interactive media are some of the most impactful artforms of our day, and they are worth digging into and analyzing. Everything is connected, whether it’s through Bacon numbers or history. When she’s not writing or at the movies, you can find Abbie crocheting or playing video games with her partner.
Abigail Whitehurst is an entertainment professional and writer for Hollywood Insider based in Los Angeles, CA. Having lived all over the world as part of a military family and having pursued a bachelors of music, she brings a unique outlook to the entertainment industry. A life-long learner and researcher, Abigail is pursuing her masters in entertainment management. She strives to write through the lenses of context, analysis, and Hollywood Insider’s values to bring a fresh perspective to industry trends, entertainment business, and new film and TV releases. Her favorite place is a movie theater, and she’s always hunting for the deeper meaning and studying media as it pertains to culture. Film, TV, and interactive media are some of the most impactful artforms of our day, and they are worth digging into and analyzing. Everything is connected, whether it’s through Bacon numbers or history. When she’s not writing or at the movies, you can find Abbie crocheting or playing video games with her partner.
