By Celine Simone
Family content creation is a multibillion-dollar industry. Though most parents at some point share content of their children online, for many “influencer” parents and their children, putting in the hours to curate the perfect online image means legions of fans and an enviable income from advertising and sponsorship. The children of these families, though integral to this content’s success, have neither legal protection to assure compensation for their labor nor any control over the material in which they appear. Creating this content can have detrimental effects on children’s safety and well-being; additionally, because of the internet’s permanence, these negative effects often continue well into adulthood.
Several states have passed or proposed laws that would ensure some level of financial compensation for children involved in monetized content. A far less discussed—but perhaps equally important—potential form of protection is the “Right to Deletion,” whereupon turning 18 these children could command that their parents remove monetized media that includes their likeness. In the United States, parents enjoy a high degree of autonomy in making decisions for their children, meaning it is exceedingly difficult to explicitly control the type of content parents can create involving their minor children. Accordingly, this Note advocates for a national expansion of publicity rights, which would give children included in monetized content a “Right to Deletion” upon reaching adulthood—respecting parental autonomy while curbing the long-term negative effects of “sharenting” on the involved children. Further, deletion rights may have the effect of persuading parents to consider more carefully the potentially harmful effects of the content they produce without encroaching on their parental rights.
Part I of this Note outlines the family content creation industry, its unique characteristics compared to traditional forms of media, and the harms that can befall children in its production. Part II evaluates the United States’ legal understanding of parental autonomy and how this view leaves these children at an especially high risk of exploitation. Part III addresses the state of publicity laws and where children involved in monetized content fit into the existing legal framework. Finally, Part IV advocates for the expansion of publicity rights to give these children the “Right to Deletion” upon entering adulthood.