“Today’s Video Is Sponsored By: Child Labor” The Need to Expand Federal Child Labor Protections to Online Content Creation

Authors

Zayda Torres Barrios

Document Type

Note

Abstract

(Excerpt)

The Fantastic Adventures YouTube channel, owned by Machelle Hobson, had grown to almost 800,000 subscribers and over 250 million views by 2019. The channel’s content featured Hobson’s seven adopted children in entertaining weekly ten-to-fifteen-minute skits where they did things like pretend to be superheroes and have lightsaber battles. However, things were not as blissful as they seemed as Hobson was arrested in March 2019—facing thirty child abuse related charges. The police said the children were “malnourished” and had been withdrawn from school for many years to have more time to film videos for their family channel. The probable cause statement alleged that when the children failed to “recall their lines” or participate in the Fantastic Adventures videos, Hobson would withhold food and water for multiple days, lock them in a barren closet, pepper-spray them, and force them to take ice baths. The channel was monetized by Hobson until YouTube learned of her arrest. It has been estimated that the Fantastic Adventures channel—which primarily featured Hobson’s children—earned her “between $106,800 and $1.7 million a year.”

The rise of social media has brought a new form of labor into society that anyone can participate in—including children. This new kind of labor is performed by “content creators,” who post content to their social media accounts. Sometimes these social media accounts heavily feature the creator’s children, other times the sole content creator or “influencer” is the child. Importantly, social media accounts can only be created by people who are—at minimum—thirteen years old. However, this restriction can be sidestepped with a parent or legal guardian’s consent. This loophole places significant power in the hands of parents or guardians, who control not only the child’s access to the platform, but also the financial rewards generated by their content. A child’s social media account can rack up millions of followers, sometimes earning them millions of dollars. These child content creators can even work directly with major corporations through sponsored posts on their social media accounts. For example, in 2022, then-seven-year-old Anastasia Radzinskaya was estimated to have made $28 million from her Like Nastya YouTube channel. However, while the opportunities for child influencers are vast, they are also burdened with potential risks, particularly regarding their earnings and exploitation.