Reps. McNally, Grim Announce Two New Bills to Protect Child Actors, Child Influencers

COLUMBUS – State Reps. Lauren McNally (D-Youngstown) and Michele Grim (D-Toledo) today introduced two new bills focused on protecting children in the entertainment industry: the Child Performer Protection Act and the Kid Influencer Protection Act. Both of these bills are meant to protect children in the entertainment industry, by making sure they have the support they need and are being compensated for their time and labor.

“As ranking member of the House Commerce and Labor Committee, I have seen troubling legislation that is working to dismantle child labor protections. I think it is important to continue to bolster child labor protections that we fought so hard for. Child labor laws are not new, but the technology and ways someone can make a buck off kids has changed. We need to update the law to keep up with their ever-changing world and prevent any possible exploitation and we need to make sure that kids in Ohio are given the same, or better protections than other states,” said Rep. McNally.

“Kid influencers often do not see a dime of the earnings they gross. They are largely at the will of their guardians or other adult vloggers to determine what of their childhood is filmed and posted on the internet for profit. The child entertainment industry – both online and traditional is in need of regulation,” said Rep. Grim.

The Child Performer Protection Act initiates steps to protect minors in Ohio working in the entertainment industry from employment that is detrimental to their life and health. The bill will:

Allow a child under 14 to be issued a work permit from their school district if they are a minor performer and of compulsory school age working in a motion picture, theatrical, radio, or television production while providing instruction that complies with the law and is taught by a licensed individual;
Prohibit employment as a minor performer if the employment is detrimental to the minor’s life, health, safety, welfare, or morals or interferes with the minor’s schooling;
Require accompaniment of a parent or guardian at all rehearsals appearances, performances, and sessions occurring in connection with the employment;
Place restrictions on the number of hours minors may work per week using a tiered system based on age;
Require an examination by an independent physician to verify that the minor is physically capable of the nature and duration of the employment;
Prohibit exposure to potentially hazardous conditions unless a trainer or accredited technician is always present during potential exposure; and 
Require a parent or guardian to establish a trust account for the minor’s benefit, in which 15% of their earnings during employment will be deposited.

The Kid Influencer Protection Act creates new and necessary regulation for child influencers, or ‘kidfluencers’ and ensures proper compensation for their labor. The Kid Influencer Protection Act will require adult vloggers who feature minors in their content to set aside a certain amount of funds for those minors, placing them in a trust that can be accessed once the minor turns 18. The amount set aside would be determined by a “minimum contribution” of one-half of the percentage of the time the likeness, name, or photograph of a vlogging minor was featured in a vlog, multiplied by the gross earning for that vlog in a calendar year.  Additionally, once a minor reaches the age of 18, they may request the removal of any vlog that includes their image or likeness. Online platforms must take all reasonable steps to comply with these requests. The representatives first introduced this bill two years ago and since then three other states (Minnesota, California, and Utah) have joined Illinois in taking steps to regulate this highly predatory industry. Children across nearly every other trade have protections in place to ensure they are compensated and protected while working - content creation should be no different.

Both these bills are awaiting a bill number and a committee assignment.