Utah’s House Bill 322 (HB 322), enacted in March 2025, introduces significant protections for minors featured in monetized online content. Sponsored by Representative Doug Owens, the legislation addresses financial compensation and privacy rights for child influencers. Read more: KSL
Key Provisions of HB 322:
Financial Compensation: The law mandates that parents or guardians who earn over $150,000 annually from content featuring their minor children must allocate 15% of the gross earnings into a trust fund. This fund becomes accessible to the child upon reaching 18 years of age, ensuring they benefit financially from their participation in such content. Read more: AP News
Content Removal Rights: Upon turning 18, individuals who were featured in online content as minors have the right to request the removal of such content from social media platforms. This provision empowers young adults to manage their digital presence and personal privacy.
Record-Keeping Requirements: Parents or guardians are required to maintain detailed records of their children’s involvement in monetized content for a minimum of two years. This measure ensures transparency and accountability regarding the minors’ participation and earnings.
Context and Impetus for the Legislation:
The enactment of HB 322 was influenced by high-profile cases highlighting the potential exploitation of minors in online content creation. Notably, the conviction of YouTuber Ruby Franke for child abuse underscored the need for legal safeguards to protect child influencers. Shari Franke, Ruby’s daughter and a former child influencer, advocated for the bill, emphasizing the necessity of regulations to prevent the exploitation of minors in the digital sphere. Read more: AP News, WSJ
Alignment with Broader Trends:
Utah joins other states, including Illinois, California, and Minnesota, in implementing legislation to protect child influencers. These laws collectively aim to ensure that minors involved in monetized online content are fairly compensated and have control over their digital footprints.
By enacting HB 322, Utah has taken a significant step toward safeguarding the rights and well-being of child influencers, addressing both financial and privacy concerns associated with their participation in online content creation.
