MN House passes HF3488: protections for minors appearing in online media

The MN Session Daily reports...

Hollywood is full of stories about childhood actors reaching stardom and then falling hard, often with tragic endings.

That same sad pattern is being replayed on social media platforms, says Rep. Zack Stephenson (DFL-Coon Rapids), where some parents or managers are exploiting young children for profit without any concern for their social or mental well-being.

“This can be big money,” he said before the House passed HF3488, a bill he sponsors that aims to stop this financial exploitation. Following Wednesday’s 103-26 vote, the bill is headed to the Senate.

Stephenson cited a case where Kyle Fisher, father of twin girls Taytum and Oakley, earns between $10,000 and $20,000 for just one post of them on an Instagram account with more than 2 million followers.

If parents are making money off the work their children do to create lucrative online content, they deserve fair compensation, Stephenson said.

To that end, the bill would require a trust account and payment for the content created using images and videos of a minor in online social media, and for the trust to be maintained until the minor reaches age 18. …

The bill would require that records be kept on minors who appear in at least 30% of the content creator’s videos, when such videos generate income, including the minor’s name, compensation generated, and how much was paid to the minor’s trust account.

Further, the bill would require that records be readily accessible to the minor and it would allow the minor to request to delete the content with their likeness at any time after they turn 13.

The minor, or an adult previously depicted as a minor, could sue for damages if any bill provisions are violated.

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About Ann Treacy

Librarian who follows rural broadband in MN and good uses of new technology (blandinonbroadband.org), hosts a radio show on MN music (mostlyminnesota.com), supports people experiencing homelessness in Minnesota (elimstrongtowershelters.org) and helps with social justice issues through Women’s March MN.

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