MOMAGER DEAREST: WHY THE KIDFLUENCER INDUSTRY REQUIRES STRONGER REGULATION

Abstract:

In the last twenty years, social media has undergone a massive transformation. What began as a

medium to connect with friends has evolved into a multi-billion-dollar industry where influencers reign

supreme, profiting from their online personas. This opportunity is not limited to those old enough to

operate their own accounts.

The recent rise of child influencers, known as “kidfluencers,” enables parents to profit from sharing

aspects of their children’s lives on the internet. These accounts are not without benefit. Beyond their

financial appeal, kidfluencer accounts can serve as a means for parents to bond with their children and

may open doors to the unique opportunities that accompany fame. However, these benefits come with

significant dangers. Sharing aspects of a child’s life online can lead to bullying, harassment, and predatory

interactions. Experts warn that kidfluencers may face the same struggles that plagued child stars of

earlier decades— such as addiction, mental health challenges, and family conflict— compounded by the

relentless and immediate scrutiny of online audiences.

Parents who manage these accounts often face conflicting incentives, torn between safeguarding

their children’s well-being and capitalizing on the accounts’ financial success. Meanwhile, the lucrative

nature of kidfluencer content, coupled with Section 230’s immunity provisions, discourages social media

platforms from taking meaningful action. Currently, federal laws that regulate social media and child

labor do little to address the unique needs of kidfluencers. Kidfluencer-specific legislation exists only at

the state level, and most of it focuses on protecting children’s financial interests. These state laws do little

to address the emotional, developmental, and physical harms that can result from growing up in the

spotlight, underscoring the need for government intervention to protect kidfluencers.

After exploring the complex regulatory landscape surrounding child influencer accounts, including

the challenges of regulating online speech, potential infringements on parental rights, the role of Section

230, and the fragmented patchwork of state labor laws; this paper outlines a three-part proposal designed

to (1) protect child influencers without infringing constitutional rights, (2) hold social media platforms

accountable, and (3) preserve state flexibility in the implementation of labor laws that apply to

kidfluencers. This comprehensive framework is tailored to address the specific challenges of the

kidfluencer industry, protecting children from the dangers of receiving so much attention at such a young

age.