CHILD INFLUENCERS

Child influencers have become increasingly popular in recent years, with some even earning millions of Rupees through brand deals and sponsorships. However, this trend has also raised concerns about child exploitation, privacy, and the impact of social media on children's development.

WHO ARE CHILD INFLUENCERS: Child influencers or Kidfluencers, are “child” under the definition of law, who have made a significant online presence by creating content on social media platforms and in turn gained massive online following. Their online content documents their daily lives which includes children's interests like toys, games and vlogs. Their content is often child-friendly and focuses on topics that appeal to other children.

WHAT THE LAW SAYS: The Child Labour (Prohibition and Regulation) Act, 1986- (CLPR Act) The CLPR Act prohibits employment of any person below the age of 14 (deemed a "Child") in any employment, including as a domestic help, except in helping their own family in non-hazardous occupations.

The Internet culture assumed huge proportions over a period encompassing every aspect of life. Though we can say that the entire world is under the influence of internet and masses have benefitted from it largely. But on the flip side its evolution has also created room for not protecting its youngest and usually most vulnerable audience members and participants the children. The kidfluencers as social media participants, remain especially at risk due to the lack of child labour laws and regulations between them and the internet.

HOW DO CHILD BECOME A SUBJECT OF ABUSE: The” child” becomes subject to the exploitation and abuse from their parents, sponsors, and even the internet platforms.  Kidfluencing might resemble a play in terms of its content, but the involvement of money and sponsorships turns it into the category of “labour”. It goes without saying that Parents hold significant power over kidfluencers as they control content, recording, and the finances of their children. The moot question is whether this control could lead to higher risks of their children being exploited.

It is therefore evident that internet platforms and sponsors are not directly involved in the production process, so they are not legally liable for these children. Is it ethical to draw a line that despite capitalizing off their successes they should not be held legally liable. There is no denying the fact that there are some legal financial protections for child entertainers - only for “formal” child entertainers, such as child actors.

Kidfluencer content, generate large sum of money and profits for the parents, sponsors, and the internet platforms. Can we argue that YouTube is the joint employer of the child as it controls what the child can and cannot do and at the same time, they control the dissemination of the money. Do the parents and social media platforms such as YouTube have any legal responsibilities towards them has assumed a larger question.

Family Autonomy vs Child Exploitation. Young ages of these Kidfluencers means that their careers and their finances are under parental authority. However, the control that parents have over the careers of their children has fallen into complicated legal territory. The lines are blurred between maintaining the family autonomy versus intervening against child exploitation. Though the parents often claim that they only capture the child’s daily normal activities, which are definitely not rehearsed performance. thereby revealing a general ignorance towards any intentional ‘influencing’ happening.

NUMBER OF HOURS: There are no regulations regarding the number of hours child influencers may work and such children sometimes maintain little control over the extent of the content posted on their platforms. In fact, it is also observed that some parents log chronicles of their children before, during, and immediately after birth and continue to display their children’s lives as they grow and develop.

WHAT NEEDS TO BE DONE: There isn't a single, straightforward "way out" for child influencers, as the situation is multifaceted and involves various stakeholders. However, here are some potential approaches to address the concerns surrounding child influencers:

1. Increased Regulation:

  • Age Restrictions: Implementing stricter age restrictions on social media platforms to limit children's access and protect them from online exploitation.  
  • Child Labor Laws: Enforcing child labour laws to ensure that child influencers are not overworked or exploited for profit.
  • Data Privacy: Strengthening data privacy laws to safeguard children's personal information and protect them from online predators.  

2. Parental Responsibility:

  • Informed Consent: Parents should ensure that their children understand the implications of being an influencer and that they are comfortable with the content being shared.
  • Digital Literacy: Educating parents about the risks and benefits of social media to help them make informed decisions about their children's online activities.  
  • Prioritizing Child's Well-being: Parents should prioritize their child's mental and emotional health over financial gain.

3. Industry Self-Regulation:

  • Ethical Guidelines: Developing ethical guidelines for brands and agencies working with child influencers to ensure that the content is appropriate and that the child's well-being is protected.  
  • Transparency: Promoting transparency in sponsored content to help consumers understand the commercial nature of the posts.  
  • Fair Compensation: Ensuring that child influencers are fairly compensated for their work and that their earnings are managed responsibly.  

4. Public Awareness and Education:

  • Media Literacy: Educating the public about the potential risks and benefits of child influencers.
  • Critical Thinking: Encouraging critical thinking among consumers to help them evaluate the authenticity and reliability of influencer content.
  • Social Pressure: Raising awareness about the negative impact of excessive social media use on children's mental health.

It's important to note that addressing the issue of child influencers requires a collaborative effort from parents, industry professionals, policymakers, and the public.By working together, we can create a safer and more ethical environment for child influencers.  

- Adv. MAMTA SINGH SHUKLA,
   adv.mamtasinghshukla@gmail.com
  

Comments

Post a Comment

Popular posts from this blog

Image
CAN VISUALLY IMPAIRED WATCH MOVIES  IN  THREATERS & OTT PLATFORMS Snakes are known as chakshushrava   which means snakes have the ability to hear from their eye, since they have not been gifted with external ears. However, this myth is dispelled and today researchers confirm that s nakes have the ability to see and hear, but their senses work differently from those of humans. They have the ability to detect vibrations and sound waves as have specialized jawbones that pick up vibrations from the ground. It is not that blind people have zero visibility, most blind people have some level of vision, which may vary from from person to person. Some visually impaired may only see light while others may see blurry shapes, figures, or colors.  People with total blindness cannot see anything.  There are also alternative ways blind people can see;  Touch  Sound Audio Description (AD)   Braille In the 1980’s, the Media Access Group at WGBH ,   (public radio station at  Boston) developed audio
Read more
Image
  T he laws relating to Intellectual Property Rights include Trade Mark, Copyright, Patent and Trade Secrets which are valuable assets of any Company. The rise in the usage of internet has created new ways and technique to infringe the Intellectual Property Rights, prominent being the Cybersquatting ….   What is Cybersquatting ? Cybersquatting occurs when a person other than owner of a well-known Company registers that particular Trademark as an Internet Domain Name and then attempts to profit from it either by ransoming the Domain Name back to the Trademark owner or by using the Domain Name to divert business from the Trademark owner. In other word we can say that an unauthorized registration and use of Internet Domain names that are identical or similar to Trademarks, Service marks, Company names or Personal names.   I n the case of Manish Vij V/s Indra Chug, The High court of Delhi define Cybersqatting as “An act of obtaining fraudulent registration with the intent to sell a
Read more
Image
  Is the Unfair Practices Act being Fair Enough??? They say that a single piece of paper cannot decide your future, but it does. Recently, the NEET-UG Examination conducted by National Testing Agency (NTA) for the admission to M.B.B.S, B.D.S, AYUSH and other related courses in the Government and the Private institution across the country was leaked. Posing a very big question as to where the buck should stop. It is very unfortunate that the lives of the youth who are appearing for this exam is in jeopardy. The entire question zero down to various levels including:   a. Paper leak, b. Sale and purchase of Papers, c. Cheating as an unfair practice, d. The existence of Paper leak Mafia, e. The role of the authorities who are involved in such scam. At least  48 instances of paper leaks in 16 states over the last five years, in which the process of hiring for government jobs was disrupted. The leaks touched the lives of at least 1.51 crore applicants for about 1.2 lakh posts.
Read more