New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A5474

Introduced
5/18/23  

Caption

Protects monetary rights and privacy of minor children featured in online video blogs.

Impact

The bill modifies existing laws concerning the rights to a minor child's earnings, stipulating that any earnings resulting from the child's likeness or name must be allocated to a trust. It establishes a new legal framework that specifically addresses the growing phenomenon of online content creation involving minors. If enacted, this law will require content creators, many of whom are using platforms like YouTube for monetary gain, to comply with these regulations, effectively changing how they monetize their content involving minors. This is particularly pertinent considering the rise of family-oriented and child-focused channels that frequently feature children in a variety of contexts.

Summary

Assembly Bill A5474 aims to protect the monetary rights and privacy of minor children featured in online video blogs. The legislation mandates that online content creators must compensate minor children whose likeness or name is included in their videos, particularly when that representation meets certain thresholds of content. This compensation is required to be deposited in a court-administered trust for the benefit of the minor, accessible once they reach the age of 18. This provision not only seeks to ensure that children receive fair remuneration for their contributions but also attempts to safeguard their privacy in a digital landscape that often commodifies personal likeness and information.

Contention

The legislation has sparked discussions around potential challenges and implications, notably concerning the balance between parental control and children's rights. Proponents argue that the bill empowers minors by protecting their financial interests and providing a mechanism for them to request the deletion of videos featuring them once they reach adulthood. Critics, however, may contend that it places additional burdens on content creators and could restrict creative expression in family or child-focused content. The requirement for trust funds and notifications to platforms adds another layer of operational complexity that could disproportionately affect smaller creators or those who are just starting out.

Companion Bills

No companion bills found.

Previously Filed As

MA S144

Relating to protecting the interests of minor children featured on for-profit family vlogs

MA H2170

Relating to protecting the interests of minor children featured on for-profit family vlogs

CO HB1058

Protections for Minors Featured in Digital Content

CO HB261058

Concerning protections for minors who are featured in digital content.

MD HB21

Social Media Platforms - Vloggers and Video Content Featuring Minors (Child Influencers Protection Act)

MD HB0021

Social Media Platforms - Vloggers and Video Content Featuring Minors (Child Influencers Protection Act)

MT HB392

Generally revise laws related to creation of profitable family video content featuring minor children

NY S00825

Establishes protections for minors who are featured in compensated video content that generate earnings from being shared on social media or other video-sharing websites.

NY A00774

Establishes protections for minors who are featured in compensated video content that generate earnings from being shared on social media or other video-sharing websites.

US SB836

Children and Teens’ Online Privacy Protection Act

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