You have the right to ask influencers to involve and/or feature their children in content, and you also have the right to reuse content in which a minor appears. However, legal obligations, which vary by country, may regulate the appearance and participation of minors in commercial influencer content. It is your responsibility to comply with the applicable rules and laws in advertising and influencer marketing.
As a reminder, there are 2 ways for children to appear in content on social media:
- The child is the influencer: on the Influencer Marketing Skeepers platform, creators must be at least 16 years old.
- The influencer is the parent and features their child in their content.
If you want no children to appear in your campaign content to avoid any misunderstanding, we recommend clearly instructing influencers in the campaign brief to not include any children in their posts.
Legal Obligations in France
In France, the presence of a child in content (video, photo, live stream, advertising, etc.) is strictly regulated to protect their interests and safety. Here’s what you need to know:
- As soon as a child under 16 years old appears, even partially, in content of a promotional nature, or if their voice is heard, a modeling contract must be in place to protect the child. The modeling contract is signed between the brand, the child’s legal representatives, and the modeling agency.
- The modeling contract must include a financial compensation for the child.
- Minors under 16 generally cannot work, except in specific cases. For children (-16 years old) to participate and/or appear in influencer content, parents or legal guardians must obtain prior administrative authorization from the competent authorities.
- Part of the revenue generated by the child’s activity must be deposited in an account in their name at the Caisse des Dépôts, accessible when they reach adulthood.
Minors can exercise the right to be forgotten, meaning that regardless of parental consent, they can request the deletion of images in which they appear.
For more information, consult the government guide.
Legal Obligations in Spain
Minors under 16 generally cannot work, except in specific cases. For children (-16 years old) to participate and/or appear in influencer content, it is recommended that parents or legal guardians obtain prior administrative authorization from the competent authorities.
It may be recommended to prepare a contract between the brand and the child’s parents to guarantee the child’s rights and safety.
Minors can exercise the right to be forgotten, meaning that regardless of parental consent, they can request the deletion of images in which they appear.
Legal Obligations in Italy
Minors under 16 generally cannot work, except in specific cases. For children (-16 years old) to participate and/or appear in influencer content, it is recommended that parents or legal guardians obtain prior administrative authorization from the competent authorities.
For children under 14, both parents must provide explicit consent beforehand to publish content in which the child appears online.
It may be recommended to prepare a contract between the brand and the child’s parents to guarantee the child’s rights and safety.
Minors can exercise the right to be forgotten, meaning that regardless of parental consent, they can request the deletion of images in which they appear.
Legal Obligations in the United States
There is no federal law in the United States regulating the appearance of children in online content. Rules vary by state.
We recommend checking in advance the laws potentially applicable to your company, depending on the type of campaigns you want to run.
Some states have already implemented laws to protect influencer children and/or children who appear in their parents’ content. This is the case in the following states: Illinois, Maryland, California, Georgia, Missouri, Minnesota, and Ohio.
Some of these laws specifically provide for privacy protection, the right to be forgotten, the right to a portion of the revenue generated by the content, etc.
Other laws may further restrict children’s participation: this is notably the case in Minnesota, where children under 14 are not allowed to participate in content creation.