Opinion: the rise of family influencers has focused attention on the rights of children who feature in social media posts and videos
Whatever happened to a game of hopscotch or after-school football with your friends? Are they long forgotten or unknown to some pint-sized celebrities who commence their work day by parading in front of cameras (sunglasses on those who are unfocused) to play with toys, sing, dance, eat, all part of the daily recording for the family YouTube or Instagram show?
Some children have become the click bait, unique selling point, invaluable commodity and, ultimately, the chief contributors to the family coffers. Digital community connectivity has been replaced by euro and dollar signs and the children of family Influencers do not have an ‘opt-out’ option. Unlike parents who set their own parameters, children do not control the crafting of their indelible digital footprint and the transformation of their home into a goldfish bowl.
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From RTÉ 2fm's Jennifer Zamparelli show, Laura Fox on influencer scandals
Family Influencers earn fortunes from their personal ‘brand’ and sponsorships. Just how many takes does it take for the professional and perfect clips viewed online? Whatever happened to the child’s right to play and not to work?
Consent
Consent does not feature in the language of babies and minors. Even if the parents ask their children’s permission, how informed is that consent? Most children believe that Mammy and Daddy know best. Even if they do consent, do children really understand the ramifications and longevity of their images on the worldwide web?
Questionable user-generated content
The two year old snapped posing in the bath or throwing a tantrum may be mortified as a teenager and may be made fun of or bullied. That particular video may be the first thing seen by employers when they search a potential employee’s name. The intimacy of one’s home, that safe cocoon and haven, is exposed to the world at large. The presence of vitrolic reaction from the unmuted trolls is real and present with ever-ready and alert keyboard warriors scrutinising every show and ready to do battle. Private family issues become gossip fodder on the world stage.
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From RTÉ Radio 1's Drivetime, Louise McSharry on findings from a new survey by the Advertising Standards Authority of Ireland on the public's view of online influencers
Greatest loss?
The loss of playtime and intimate private space, the unnecessary sharing of precious family time with the world at large and the privacy and freedom to enjoy childhood represent an irretrievable loss. The blurring of the virtual and real worlds represents a significant threat to the wellbeing of vulnerable minors.
Coogan’s Law
In 1939, US child actor Jackie Coogan successfully sued his stepfather and mother for the retention of his earnings. Legislation followed stipulating the secure investment of 15% of a child actor’s earnings, followed by the limitation of working hours, adequate breaks and non-exposure to inappropriate experiences for all child actors.
But Influencer parents fly under the Coogan radar. This unregulated online posting results in parents having unrestricted control over work time, material and the vast fortunes earned from the exploits of their cute minors in the uploaded home made videos roaming the worldwide web.
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From RTÉ Radio 1's Liveline, how a school banned photos of a nativity play because of GDPR legislation
European legislation
All is not lost. In 2020, France introduced "kid influencers" legislation requiring parents to obtain an authorisation to video record children with a view to distribution for profit on a video-sharing platform. A failure to do so results in a monetary sanction of €75,000 in addition to a custodial sentence.
In addition, a portion of earnings must be secured for the child. All access to earnings is denied until the child turns eighteen or is emancipated. This legislation gives child influencers the "right to be forgotten", requiring that online video-sharing platforms comply with the "right to erasure" afforded under Article 17 of the General Data Protection Regulation. Video-sharing platforms are also encouraged to be transparent as to the possible consequences of the display of images on video-sharing platforms.
It's not just the French who are making moves in this regard. Following a father’s request, Dutch courts ordered a mother to permanently remove all images of their children from YouTube and/or Instagram and to refrain from posting child-related images and stories on social media (apart from her private Facebook account of 250 friends). When will YouTube and Instagram accept the gauntlet and realise that the mitigation of risks requires more than deactivating the dislike button?
Children deserve to be secure in the knowledge that their parents are acting in their best interests
Childhood is a precious time, a time of cocooning and freedom from pressure. Children deserve the freedom to be themselves enjoying a carefree existence and secure in the knowledge that their parents are acting in their best interests.
Are parents not contributing to the stealth theft of their children’s identity and data by showcasing the inner sanctum of the home and the private interactions and exploits of their minor children? How long more will it take for the real and potential dangers associated with the flagrant exposure of children online to resonate with influencer parents?
The views expressed here are those of the author and do not represent or reflect the views of RTÉ
