When minors appear in commercial influencer content (videos, photos, live streams, advertisements, etc.), specific legal obligations may apply in order to protect their safety, image, and rights.
If you plan to feature a minor in content created as part of a commercial collaboration, you must ensure that you comply with applicable regulations that may vary depending on the country.
A brand may also prohibit the appearance of a child in Influencer Marketing content. It is therefore essential to carefully read the brief and strictly follow the provided instructions.
The sections below provide an overview of the main legal obligations to be aware of in different countries:
Legal obligations in France
In France, the presence of a child in content (video, photo, live stream, advertisement, etc.) is strictly regulated to protect their interests and safety. Here is what you need to know:
- As soon as a child under 16 years old appears, even partially, in advertising-related content, or if their voice is heard, a model contract must be established to protect the child. The model contract is signed between the brand, the child’s legal guardians, and the modeling agency.
- The model contract must include a financial compensation for the child.
- Minors under 16 are generally not allowed to work, with some exceptions. For children under 16 to participate in and/or appear in influencer content, parents or legal guardians must obtain prior administrative authorization from the relevant authorities.
- Part of the income generated by the child’s activity must be deposited into an account in the child’s name at the Caisse des Dépôts and made accessible when they reach adulthood.
Minors can claim the right to be forgotten, meaning that regardless of parental consent, minors can request the removal of images in which they appear.
To learn more, consult the government guide.
Legal obligations in Spain
Minors under 16 are generally not allowed to work, with some exceptions. For children under 16 to participate in and/or appear in influencer content, it may be recommended for parents or legal guardians to obtain prior administrative authorization from the competent authorities.
Minors may claim the right to be forgotten, meaning that regardless of parental consent, they can request the removal of images in which they appear.
Legal obligations in Italy
Minors under 16 are generally not allowed to work, with some exceptions. For children under 16 to participate in and/or appear in influencer content, it may be recommended for parents or legal guardians to obtain prior administrative authorization from the competent authorities.
For children under 14, both parents must have given their explicit consent beforehand in order to publish online content in which the child appears.
Minors may claim the right to be forgotten, meaning that regardless of parental consent, they can request the removal 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. The rules depend on each individual state.
Some states have already introduced laws to protect child influencers and/or children who appear in content created by their influencer parents. This is notably the case in the following states: Illinois, Maryland, California, Georgia, Missouri, Minnesota, and Ohio.
Some of these laws notably include privacy protection, the right to be forgotten, the right to receive a portion of the revenue generated by the content, etc.
Other laws may further restrict the appearance of children. For example, in Minnesota, children under 14 are not allowed to participate in content creation.