Introduction
In the digital age, social media platforms have become springboards for fame, influence, and income, even for children. The rise of “kidfluencers” has introduced a new set of challenges for parents and guardians, particularly in countries like South Africa, where legislation has not yet caught up with the rapidly evolving online world. While the promise of brand deals and online popularity may be enticing, the legal responsibilities of parents navigating this space are complex and far-reaching.
Understanding the Concept of Child Influencers
Child influencers are minors, typically under the age of 18, who generate income or receive compensation through their social media presence, often via platforms like Instagram, YouTube, or TikTok. Their content ranges from unboxing toys and reviewing products to lifestyle vlogs and scripted content. Given the commercial nature of these activities, child influencing blurs the lines between play and work and raises important questions about labour rights, privacy, and parental duties.
Parental Responsibilities and the Children’s Act
In South Africa, the Children’s Act 38 of 2005 governs the rights and responsibilities of parents. It places an obligation on parents to act in the best interests of the child, which is the paramount principle in all matters affecting children; this includes safeguarding their well-being, ensuring their development, and protecting them from exploitation, commercial or otherwise.
When a child becomes an influencer, parents must carefully consider whether the child’s participation is truly voluntary, whether it is age-appropriate, and whether the content being shared could have long-term consequences for their privacy, dignity, or mental health, this becomes even more pressing when money is involved.
Labour Legislation and Commercial Activity
South African labour laws, particularly the Basic Conditions of Employment Act (BCEA), prohibit child labour and regulate the work of children under 15. Although the Act primarily targets traditional forms of labour, the commercialisation of a child’s social media presence arguably qualifies as economic activity; this means that if a child is effectively “working” to generate income, even in a non-traditional environment, it may trigger regulatory obligations.
In instances where children are paid or monetised for their content, parents may need to apply for a permit or exemption from the Department of Labour. These frameworks require that the child’s participation does not interfere with their schooling, health, or moral development.
Contracts and Financial Control
Most brand partnerships or sponsorships involve contracts and legal agreements that a minor cannot enter into independently. In South Africa, children under the age of 18 lack full legal capacity and therefore, cannot contract without parental consent or assistance, this means parents act as gatekeepers, bearing the legal responsibility for signing and managing such agreements on behalf of their children.
Additionally, there is currently no law in South Africa that mandates a portion of a child’s influencer income to be preserved for the child’s future use. Ethically and practically, South African parents should consider establishing a trust or custodial savings account to ensure their child benefits from the revenue generated using their identity and efforts.
Privacy, Consent and Online Safety
Parents must also grapple with the issue of consent. Can a young child truly consent to a lifelong digital footprint? Photos, videos, and personal information shared online may remain accessible for years and can have unforeseen consequences for the child’s future identity and safety.
The Protection of Personal Information Act (POPIA) is relevant here. It places a duty on those collecting, storing, or sharing personal data, including that of minors, to do so lawfully and responsibly. While parents may consent on behalf of their children, they must ensure that any third parties (such as brands or platforms) adhere to privacy standards and protect the child’s information.
Looking Ahead: The Need for Regulation
The legal framework in South Africa is currently silent on the specific phenomenon of child influencers. However, as this industry continues to grow, so too does the need for legislation that provides clarity, protection, and accountability. Ideally, future regulatory developments would include:
- Licensing and monitoring of child influencer activity;
- Mandatory contributions to a trust fund;
- Strict guidelines on working hours and school attendance;
- Provisions around informed consent and withdrawal of content.
Conclusion
For now, the onus rests heavily on parents. They must act not as talent agents or brand managers but as guardians entrusted with the holistic well-being of their children. If their child expresses a desire to become an influencer, parents must evaluate not only the commercial opportunities but also the legal and ethical responsibilities that come with it. In doing so, they uphold the principle enshrined in South African law: that every decision must serve the child’s best interests.
For personalised advice tailored to your needs, consult an attorney at SchoemanLaw.
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