Commercial exploitation of children influencers' image.

The rise of influencer marketing has profoundly disrupted the balance between the private and economic spheres, particularly when children become communication vectors for brands, or are themselves featured in monetized content.

YouTube, TikTok, Instagram, or Snapchat have become the daily stage for family videos or scripted challenges involving minors, sometimes only a few months old.

While the digital creativity of families may, at first glance, seem harmless, it actually conceals major economic, psychological, and legal challenges. Faced with the risks of instrumentalization, undeclared work, or revenue appropriation, the French legislator has progressively established a specific legal framework aimed at protecting minors exposed on digital platforms.

This framework is primarily based on the law of October 19, 2020 (known as the "_Studer Law_") and its implementing decree of April 28, 2022, codified in articles L7124-1 et seq. of the Labor Code.

I. A specific legal regime to regulate the activity of child influencers.

A. An activity considered professional.

Law n°2020-1266 of October 19, 2020, amended Article L7124-1 of the Labor Code to include videos whose main subject is a child under 16 years old disseminated for lucrative purposes on sharing platforms.

This lucrativity criterion encompasses both explicit commercial collaborations and content monetized via advertising or subscriptions.

Influencer activity thus becomes comparable to a form of artistic work, in the same way as modeling or participation in a film.

B. Modalities of participation: prior authorization or approval.

To involve a child in such an activity, two paths are possible:

- A contract concluded through a modeling agency holding an approval; - A direct employment contract between the child and their legal representatives, provided that the latter hold an approval issued by the prefect.

In both cases, prior individual authorization is required for each shoot. This authorization, processed by the DRIEETS (Regional and Interdepartmental Directorate for Economy, Employment, Labor, and Solidarity), imposes rigorous control over the morality of the role, the working hours (especially in the evening or during the week), and schooling conditions \\ [1\\].

A medical examination is also mandatory, performed by a pediatrician or general practitioner, to certify that the child is capable of participating in the activity without danger to their health or development \\ [2\\].

Parental approval is issued for one year, renewable, after a concurring opinion from a departmental commission including, notably, a juvenile judge, a doctor, and a representative of national education \\ [3\\].

II. Asset protection through revenue escrow.

A. Principle of escrow with the Caisse des dépôts.

Article L7124-9 of the Labor Code stipulates that all sums received for the child's activity must be paid to the Caisse des dépôts et consignations (CDC).

This escrow is mandatory, whether it concerns direct revenues (brand contract) or indirect revenues (view monetization).

This mechanism aims to prevent any abusive appropriation by parents, third parties, or platforms. The money is frozen until the minor reaches the age of majority, unless an exemption is granted by the administration.

B. Social and tax liability of parent-employers.

Parents who have obtained approval are considered employers. They must therefore:

- Declare the child's income to the URSSAF; - Ensure their affiliation to social protection; - Justify compliance with compulsory education and the child's mental and physical health, by referring to the regulations applicable within the national collective bargaining agreement for adult models and child models under 16 years old employed by modeling agencies of June 22, 2004.

The law here enshrines increased responsibility for families in managing an activity that cannot be left to subjective appreciation or sole economic profitability.

III. Towards increased platform accountability and European harmonization.

A. Still limited platform liability.

Currently, French law does not provide for any direct control obligation for platforms hosting content (YouTube, TikTok, etc.). They are neither subject to approval verification nor required to prevent the monetization of content involving unauthorized minors.

The Digital Services Act (EU Regulation 2022/2065), applicable since 2024, strengthens general obligations for the protection of minors, but does not specifically address child influencers.

B. Towards European harmonization.

France is a pioneer in this field. No other European country has, to date, established such a comprehensive framework. Harmonization at the European Union level would help combat circumvention (platforms domiciled abroad, videos published from other member states).

Conclusion.

The legal framework for child influencers established by the Studer Law and the decree of April 28, 2022, constitutes a major advancement.

It recognizes the professional nature of minors' digital activity, institutes rigorous control, strong asset protection, and increased parental responsibility.

This framework is, however, perfectible: an extension of control to platforms, verification of monetization, and European cooperation are the next essential steps to truly protect children in the globalized digital environment.