Lawmaker seeks added protections for minors appearing in online media

Hollywood is in the business of telling stories on the big screen, but too often sad stories emerge about the smallest ones in the business: child actors who shine bright but fall on hard times when they come of age.

Based on a California law that has been effective in protecting underage actors from exploitation by their parents or managers, Rep. Zack Stephenson (DFL-Coon Rapids) sponsors HF3488 that, as amended, would require a trust account and payment for the content created using images and videos of a minor in online social media, and for the trust to be maintained until the minor reaches age 18.

“This can be big money,” Stephenson said. He cited a case where Kyle Fisher, father of twin girls Taytum and Oakley, earns between $10,000 and $20,000 for just one post of them on an Instagram account with more than 2 million followers.

The House Judiciary Finance and Civil Law Committee approved the bill on a voice vote Thursday and sent it to the House Labor and Industry Finance and Policy Committee.

“This industry also has a very dark side,” Stephenson said.

Stephenson cited a mother’s YouTube channel with 2 million subscribers that documented the extreme punishments and discipline that she inflicted on her six children, including food deprivation and intense manual labor. It earned up to $1,000 per week.

Sadly, sexual exploitation of minors is also common, he said.

The bill would require that records be kept on minors who appear in at least 30% of the content creator’s videos, when such videos generate income, including the minor’s name, compensation generated, and how much was paid to the minor’s trust account.

Further, the bill would require that records be readily accessible to the minor and it would allow the minor to request to delete the content with their likeness at any time after they turn 13.

The minor, or an adult who was previously depicted as a minor, could also sue for damages if any bill provisions are violated.

Rep. Peggy Scott (R-Andover) fully supports the bill and plans to work on an amendment that would mete out harsh punishments to parents or guardians who sexually exploit children online.

“These parents that are exploiting their own children … there should be a special punishment for them,” she said.