On April 28, a decree was published which frames the remunerative activities of influencers under the age of 16 in order to better protect them. Here is what will change.
A new decree to protect child influencers
A decree published on April 28 regulates the commercial exploitation of the image of children under 16 on online platforms. This text details the conditions under which people can “make, produce and distribute videos on the internet, mainly featuring minors under the age of sixteen, in a lucrative context.” From now on, children “influencers“like Lili-Ana or Choupinette_off can benefit from the same protective rules in the Labor Code as child models, or who work in the world of entertainment and advertising.
This decree follows the adoption last October of a bill by MP LREM Bruno Studer. “Child labor is prohibited in France except by way of derogation, including on the internet,” he declared. His proposal aimed to supervise the practices of child influencers. The goal: protect minors under the age of 16 from any commercial exploitation of their image (broadcast online and sometimes viewed millions of times) on online platforms such as YouTube, Instagram, Tik Tok or even Twitch. Especially since some child YouTubers can generate income of up to 150,000 euros per month, allowing some parents to stop working, said the deputy.
Supervised work, like for the children of the show
The Secretary of State for Children, Adrien Taquet, for his part recalled that “since 2017, the government has repeatedly endeavored to better regulate the digital space so that everyone is better protected“. Thus, as for the children of the show paid in the cinema or on televisionthe new decree specifies that the representatives of these children will have to obtain administrative authorizations, approvals, and that the remuneration must be placed with the Caisse des Dépôts et consignations until they have reached their majority. Because until now, these monetized videos were the subject of a legal vacuum: the hours, the duration of the filming were not framed by labor law and the income generated was not necessarily intended for children. As a result, whether the activity of children Youtubers is considered work, prefectural approval will be required, as is particularly the case for child models. Conversely, in the event that the activity is not comparable to a professional activity, the text provides for a mandatory declaration as soon as the child Youtuber exceeds a certain threshold of time spent and income, fixed by decree.
The right to be forgotten at the request of children
The law provides for the establishment “a right to be forgotten” for children who have grown up, who would like to delete these videos from the web. Thus, the children concerned who request it, can contact the platform, which will have to remove the content as soon as possible.
Who are these young Youtubers?
You have certainly heard of Gabin and Lili, Kalys and Athena, the Rose Carpet chain, Squeezie, Enjoy Phoenix, Juste Zoé, Seb, Andy or even The Girl of the Web and A Little Jajoux ? Those Youtubers who have become real internet stars from their teenage bedroom are all followed by thousands of subscribers. The latter find laughter, anecdotes, or advice and beauty tutorials to learn how to make up and discover new trends. They also like to discover live these children Youtubers who open gifts in front of the camera or test products sent by brands.
Why are young people fans of Youtuber children?
For Stephan Valentin, doctor in psychology, specialist in early childhood and author of the book “La Reine, c’est moi!”, “every generation has its own stars with which we wish to identify. Those of the current young generation are unquestionably YouTubers. Often these videos are creative, funny, and smart. When very young children post videos of themselves on the Internet, it’s a bit like star children in movies or television“. Not to mention that today, consumption patterns are changing. “Young people watch YouTube more often than TV on their smartphone or tablet“. So there is a certain proximity between spectators and Youtubers, which can also explain this enthusiasm. “These idols are a bit like them. And they communicate a lot with their fans. It can create strong bonds“, specifies the psychologist.
Parents have a say in what their child does
Some children find success quickly by simply filming themselves on a daily basis or in their bedroom. “Exposing yourself to the world in this way can be dangerous. Buzz can be positive or lead to malicious comments“, warns Stephan Valentin. This is the reason why parents must protect their child, especially when he is young. “It would be advisable to watch, beforehand, the video that he wishes to post, in order to verify that its content is not harmful for the child.“, he recommends. Indeed, no one is really armed against the negative comments that can be published on the Internet and particularly on social networks (regardless of age). The ideal would then be “not to allow comments or to review them before posting“, advises the psychologist. Moreover, “every photo and video we post on the internet can have an influence on our lives. It all depends on their content and what other Internet users do with it,” says the psychologist.
Limit screen time and check video content
Parents should check the content of the videos their little ones watch and limit screen time, that is to say “no more than 45 to 60 minutes a day between 6 and 12 years old“. As for television, “this content must be appropriate for the age and maturity of the child“, recalls the specialist, Indeed, some young YouTubers do not hesitate to make the buzz by sometimes making unhealthy remarks or by taking up often dangerous challenges, which the youngest could be tempted to reproduce… To protect their children inappropriate content, Stephan Valentin advises “to activate the restricted mode of YouTube at the bottom of the home page on the site. We can also watch a few videos together to form an opinion on the “star” he admires and accompany his child as much as possible. concludes the psychologist.