Should more be done to protect youth influencers?
Should more be done to protect youth influencers? Should more be done to protect youth influencers?Vina welcome thanks for being with us, so you specialize in employment law and independent or contract employees. Do you have concerns about the growing Industries surrounding youth influencers? Absolutely. I think that we’re in a moment where it’s hard for people to differentiate between what is work on on these platforms like YouTube and Instagram, and what is sort of entertainment or play, or just in a recording, your every life and, as a result, a lot of The things that are happening on these platforms, performances by children or just you know, recordings of children are going unregulated and so some some children are actually generating income either for themselves or their families, for their parents or even for other entities. But that income is not being regulated, so we don’t know who it’s going towards, whether it’s going to the benefit of the child. I also have a lot of concern, but I have a lot of concerns about how the images of these children are being used by. Third parties on how is there, how are the images being used, for example, in terms of being scraped for official intelligence, and what does what does consent mean in this context? Do children have the ability to consent to having their images used in these ways influencers? So in California, we have a number of unique entertainment, child labor laws that have gone into effect in over the last century because of abuse has in the entertainment Arena regard to child labor. So a child is on a television show, for example, the parent would have to get or the or the company videotaping the child would have to get a work, permit I’ll, isn’t working over a certain number of hours per day or per week, and and then in Addition to that, if they’re generating more than $ 1,000 of income, they would have to be a trust put in place so that a certain percentage, 15 extent of the money that the child makes goes into a trust that is used for the benefit of the child. By the time the child is 21 years old in 1939 and then was sort of made even stronger in the late 1990s right, and so there are these laws that we have in California. The question is: do they need to be implemented with regard to these YouTube? Influencers in Instagram Instagram influencers how much money is being made on the platform, sometimes they’re, making money from advertisements, but sometimes they’re getting free things, those free things which might end up making money. How do we make sure that they get that money there? A lot of really interesting, unique legislative regulatory decisions that have to be made if we were to regulate this industry in California was proposed to cover the quote. Employment of them enter in social media advertising with the legislation look vastly different from its proposal when it was signed into law. What can you tell us about that? That’S right. So there was. There was a proposal to do it YouTube influencers that ended up being very watered-down. Once I was actually passing, you know it’s not uncommon. For this to happen, we have very well-meaning legislators who might propose a piece of lead station and put them in order to get it passed. All of the certificate meat of the legislation gets carved out, and that is because I think in California we have a lot of fears around scaring off technology companies. So there is a fear that if we were regulate what YouTube does with regard to its child influencers on or what Instagram does, then, then they would up and go to another state, and so I think that there’s a fear and the California legislature, if we were To step forward and protect children, and this way we’ll what would happen, What would happen to those companies would happen to the jobs that these companies provide. Would they just up and leave and go to Wyoming.? I think that this is an arena where Federal protections absolutely must be an active, and you were talking about very vulnerable people were talking about children. These are platforms that the Congress Federal Congress has been think about regulating, for other purposes for antitrust purposes, for labor and employment law purposes. Why not ensure that the most vulnerable people on these platforms are protected? Why would this not be around? We have child labor laws under the fair labor standards Act, child labor protections. Why would we not ensure that that kids, all over the country who were Bing Images and performances, are being monetized on these platforms? Why would we not ensure that they that they are protected, but it is saying that YouTube has a bigger obligations to its child influencers? Then it is currently for filling that maybe it should be regarded as a joint employer. What is the company not doing enough of In Your Eyes, supposedly give an account to someone under the age of 13, but they’re not looking to make sure that the images of people under the under-13 or are being used by other people’s account and they’re? Certainly not asking for work if people are at children are being given. Images are being used on monetize account and I’m not certain that they are doing enough to make sure that parents are aware of what happens to the kids images once they are being made play available through the YouTube platform. And so you know, some of this could happen through Congress over a long. Of time or YouTube could step up and say you know what we’re going to be responsible company here we are the ones that disseminates fertilizing money. We are the ones that makes her the rules about how to what to do what you can’t do on the platform, and so we’re going to we’re going to ensure that that these kids are protected and tomorrow they could pass. They could pass policies. Are they can make policies to ensure the safety of these children in the long run and well-being of the children? And so, as you mention there, are concerns about how the data related to these influencers can be used by companies or other third parties. Tik Tok is becoming increasingly popular. We know that is owned by the Chinese government. There may be some question as to what happens to all the images on top ones like that, and other platforms, you know, is artificial intelligence, something that these children and their parents worried about. Absolutely I mean there is a Sean is about to the sociologist, who writes about the rise of surveillance capitalism. I mean the way that all of these companies make money by selling images to 3rd party is, and I don’t think that we have fully internalized what that means yet or what it means to consent to doing something like that. So these kids images are being used, but for advertising purposes and they’re being scraped by other companies, essentially for our intelligence purposes. What does this mean in the long run on? How will this impact the children in the long run? There are so many legal sociological serve personal questions that these things are going to have an impact for these kids for play long time, and we just don’t know how right, because a lot of it is happening behind closed doors. The companies aren’t transferring about who they’re selling to and and parents just don’t understand, and this entire industry the influencing industry is relatively new. So is there any way to gauge or any data we can look at that will show how these children might be impacted when they’re older from these accounts that they are spending so much time, Angie cultivating when they’re younger. There is not a lot of data that we have on on how this is impacting these young children, how much time they’re spending doing this, how it’s the sort of impact impacting their sense of self their livelihoods, their lives on an everyday basis. The only kinds of data that I’m aware of is we can look at tax records to know how much money the parents are making off of the sanitize images from YouTube and and then get a sense of how many millions of dollars at are being generated. In this industry, but I think a lot of it is sociological. Work needs to go into this interview, kids and their parents to understand how it’s impacting them, and I think it’s also going to take time. I mean with a child child stars in the entertainment industry. It took time for us to understand that this is this hasn’t in a psychic impact on individual chilled. This isn’t just a job for them in the way that you know, selling newspapers might be a job or working at McDonald’s might be a job. This impact, how they think about themselves and past their friendship, impact, sort of their social social world and eventually maybe they’re Florida World rides, are they are they in the position to consent to all of this, especially when you think about the fact that some of these Accounts become so lucrative that family members give up their other employment just to pour everything into increasing the turnout in this child’s social media accounts. Imagine the pressure, if you’re, that child you were here supporting her entire family absolutely and what does it do to the parent-child relationship? They need to perform a certain way because it’s generating income for the family and and if people are really relying on this as either supplementary or for their full-time income, then I mean what does this is doing to families? What is this doing to if your? If your dad is both your dad and your boss, you are generating income for the family and you are six years old. What is that going to do to you in the long run it’s hard to wrap your head around while Veena dubal? We thank you. So much for sharing your inside with us. Thank you. Veena Dubal, an associate professor of law at the University of California, Hastings, explains the lack of regulations surrounding youth influencers on social media, and her concerns that parents and children are not aware of how their data is being used and the impact it could have on artificial intelligence.
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