Utah Enacts New Law Protecting Child Influencers Following Ruby Franke Case
Key Insights
Financial Protection:: Parents or guardians in Utah generating over $150,000 annually from online content featuring minors must now set aside 15% of those earnings into a trust fund, accessible to the child upon turning 18.
Content Removal Rights:: The law grants individuals the right to request the removal of online content featuring them that was posted during their childhood, once they reach the age of 18.
Ruby Franke Case Catalyst:: The legislation gained momentum following the arrest and subsequent conviction of Ruby Franke and her business partner Jodi Hildebrandt on multiple felony child abuse charges in 2023 and 2024. Franke's ex-husband, Kevin, and eldest daughter, Shari, advocated for the law.
Industry Concerns:: Kevin Franke testified that children cannot provide informed consent to be filmed for social media, highlighting the ethical complexities of family vlogging.
Why this matters:: As the child influencer industry grows, this law represents a crucial step towards establishing ethical standards and safeguarding the financial and personal well-being of minors involved in monetized online content.
In-Depth Analysis
The conviction of Ruby Franke, who documented her family's life for millions on YouTube before severe abuse was uncovered, sent shockwaves through the online parenting community and highlighted the potential dangers lurking behind curated online personas. Her 12-year-old son's escape, revealing malnourishment and signs of physical restraint, led to the discovery of similar conditions for his younger sister and ultimately resulted in lengthy prison sentences for Franke and Hildebrandt.
Utah, known as a hub for family vloggers and 'mom influencers,' partly due to its cultural landscape, is now the fourth US state to legislate protections for child influencers, following California, Illinois, and Minnesota. While California and Illinois laws primarily focus on extending financial protections similar to those for child actors, Minnesota's law, like Utah's, includes provisions for content removal.
Utah's law specifically targets creators earning substantial income ($150,000+/year) from child-centric content, mandating a 15% trust fund allocation. This provides a legal mechanism for children to benefit financially from the work they perform, often unknowingly, for online platforms. Furthermore, the 'right to be forgotten' aspect, allowing adults to request deletion of their childhood content, addresses long-term privacy concerns and the potential for future embarrassment or exploitation.
Shari Franke, who described her childhood home as feeling 'more like a set than a house,' has publicly stated, 'There is no such thing as a moral or ethical family vlogger,' underscoring the need for regulatory oversight in this largely unregulated industry.
FAQs
What does the new Utah law for child influencers require?
It requires parents earning over $150,000/year from content featuring their children to put 15% into a trust for the child. It also allows individuals, upon turning 18, to request the deletion of content featuring them from when they were minors.
Who does this law apply to?
It applies specifically to individuals or entities in Utah creating online content featuring minors that generates over $150,000 in annual revenue.
Why was this law created?
The law was largely prompted by the child abuse case involving Utah vlogger Ruby Franke ('8 Passengers') and aims to address the financial exploitation and lack of privacy rights for children in the online influencer industry.
Key Takeaways
Financial Security:: This law provides a legal framework to ensure children financially benefit from their participation in monetized online content.
Digital Privacy:: It grants young adults agency over their digital past by allowing them to request the removal of childhood content.
Industry Impact:: The legislation may encourage more ethical practices among family vloggers and potentially influence similar laws in other states.
For Content Creators:: Parents featuring children in online content, even below the financial threshold, should consider the ethical implications, consent, and long-term well-being of their children.
Discussion
This new law marks a significant development in regulating the child influencer landscape. What further protections do you think child influencers need, either in Utah or elsewhere?
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