What's happening
This bill establishes protections and trust account requirements for minors featured in compensated online video content in New York.
Why it matters
Guarantees financial protection for minors. by requiring content creators to set aside a proportional share of earnings from compensated online videos in trust accounts, ensuring minors receive their fair share of revenue when they turn 18 or become emancipated.
Empowers minors with digital privacy rights. , specifically allowing those aged 13 and older to request permanent deletion of videos featuring them from online platforms, with platforms obligated to comply within seven days.
Establishes enforceable transparency and recordkeeping requirements. for content creators, mandating detailed documentation and regular reporting to minors about their involvement and compensation, and granting minors (and the state) the right to sue for violations.
Closes legal gaps for modern online work. by updating child labor laws to account for compensated online video content, clarifying that minors of all ages can legally appear in such content if these new protections are followed—thus adapting longstanding entertainment protections to the realities of social media and influencer culture.
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Who cares
Headline styles
Protect Kids in Online Videos
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to codes
- Returned to assembly
- Repassed senate
- Amended on third reading 825b
- Vote reconsidered - restored to third reading
- Returned to senate
- Recalled from assembly
- Referred to labor
- Delivered to assembly
- Passed senateVote 61–1
- Advanced to third reading
- 2nd report cal.
Show 13 earlier actions
- 1st report cal.869
- Print number 825a
- Amend (t) and recommit to labor
- Referred to labor
- Returned to senate
- Died in assembly
- Referred to labor
- Delivered to assembly
- Passed senateVote 60–1
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1190
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Kids in Online Videos
In Assembly Committee · Rules · Sponsor Linda Rosenthal
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
825--B Cal. No. 869
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. LIU, HARCKHAM, C. RYAN -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -recommitted to the Committee on Labor in accordance with Senate Rule
6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the labor law and the estates, powers and trusts law, in relation to establishing protections for minors who are featured in compensated video content
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The article heading of article 4-A of the labor law, as added by chapter 630 of the laws of 2003, is amended to read as follows:
[EMPLOYMENT AND EDUCATION OF] CHILD PERFORMERS
AND MINORS FEATURED IN COMPENSATED VIDEO CONTENT
§ 2. Section 150 of the labor law is amended by adding four new subdivisions 9, 10, 11 and 12 to read as follows:
9. "Online platform" shall mean any public-facing website, web application, or digital application, including a mobile application. "Online platform" includes a social network, advertising network, mobile operating system, search engine, email service, or Internet access service.
10. "Content creator" shall mean an individual that creates video content, performed in the state, in exchange for compensation, and includes any sole proprietorship, partnership, company, or other corporate entity assuming the name or identity of a particular individual for the purposes of that content creation. "Content creator" shall not mean
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02531-07-6
any person under the age of eighteen who produces their own pieces of video content.
11. "Compensated video content" shall mean video content shared on an online platform that meets either of the following criteria:
(a) the number of views received per video segment meets the online platform's threshold for the generation of compensation; or
(b) the content creator received actual compensation for the video segment at a rate greater than or equal to ten cents per view.
12. "Featured minor" shall mean a minor under the age of eighteen whose likeness, name, or photograph was included in at least thirty percent of a content creator's compensated video content produced within a thirty-day period at any time during the previous twelve-month period. Content percentage shall be measured by comparing the length of time that the likeness, name, or photograph of the minor visually appears in a video segment to the total length of time of such segment. "Featured minor" shall not mean a child performer for the purposes of this article.
§ 3. Section 154-a of the labor law is renumbered section 156 and a new section 155 is added to read as follows:
§ 155. Minors featured in compensated video content. 1. Every content creator whose compensated video content includes one or more featured minors shall establish a minor content creator trust account pursuant to the provisions of section 7-7.2 of the estates, powers and trusts law for each such minor.
2. All content creators whose compensated video content includes one or more featured minors shall maintain the following records and shall provide them to each minor on an ongoing basis:
(a) the name and documentary proof of the age of the featured minor;
(b) the number of segments of compensated video content during the reporting period;
(c) the total number of minutes from compensated video content that included the featured minor during the reporting period;
(d) the total number of minutes in which the likeness, name, or photograph of the featured minor visually appeared in compensated video content during the reporting period;
(e) the total compensation generated from compensated video content that included the featured minor during the reporting period; and
(f) the amount deposited into the trust account for the benefit of the featured minor, as required by section 7-7.2 of the estates, powers and trusts law.
3. If a content creator whose compensated video content includes one or more featured minors fails to maintain the records as provided in subdivision three of this section, the minor may commence a civil action to enforce the provisions of this section.
4. (a) Featured minors thirteen years of age or older may request permanent deletion from an online platform of any compensated video content in which their likeness, name, or photograph visually appeared. Online platforms shall have an easily accessible form available online for submission of the deletion request.
(b) An online platform that receives a deletion request shall remove and permanently delete the content for which the request was made within seven days after the request was submitted.
(c) Any contract between a content creator and an online platform that would reasonably be anticipated to feature a minor child shall include notification from the online platform of the rights under this subdivision.
5. If the commissioner finds that a content creator or online platform has violated any relevant provision of this section or any rule or regulation promulgated thereunder, the commissioner may commence a civil action to enforce the provisions of this section.
§ 4. The estates, powers and trusts law is amended by adding a new section 7-7.2 to read as follows: § 7-7.2 Minor content creator trust account
1. As used in this section, the terms "content creator", "compensated video content", and "featured minor" shall have the same meanings as defined in section one hundred fifty of the labor law.
2. Content creators whose compensated video content includes one or more featured minors shall set aside a percentage of gross earnings from such content in a trust account to be preserved for the benefit of the featured minor upon reaching the age of majority, according to the following distribution:
(a) where only one featured minor is included in compensated video content, the percentage of total gross earnings on any video segment shall be equal to the percentage of the video segment that includes the likeness, name, or photograph of the minor as described in subdivision twelve of section one hundred fifty of the labor law; or
(b) where more than one featured minor is included in a segment of compensated video content, the percentage described in paragraph (a) of this subdivision for all featured minors in any segment shall be equally divided between the featured minors, regardless of differences in percentage of time such minors were featured.
3. A trust account required under this section shall provide, at a minimum, the following:
(a) that the funds in the account shall be available only to the featured minor;
(b) that the account shall be held by a bank or trust company, as those terms are defined in section two of the banking law;
(c) that the funds in the account shall become available to the featured minor upon the featured minor attaining the age of eighteen years or until the featured minor is declared emancipated; and
(d) that the account meets the requirements of part six of this article.
4. If a content creator knowingly or recklessly violates this section, a featured minor may commence an action to enforce the provisions of this section regarding the trust account. The court may award, to a featured minor who prevails in any action brought in accordance with this section, the following damages:
(a) actual damages;
(b) punitive damages; and
(c) the costs of the action, including attorney's fees and litigation costs.
5. If the commissioner of labor finds that a content creator knowingly or recklessly violates this section, the commissioner of labor may commence an action on behalf of the featured minor to enforce the provisions of this section regarding the trust account. The commissioner of labor may recover costs and fees that result from this action.
6. This section shall not affect any right or remedy available under any other law of the state.
7. Nothing contained in this section shall be interpreted to have any effect on a party that is neither the content creator nor the featured minor.
§ 5. Subdivision 2 of section 130 of the labor law is amended by adding a new paragraph i to read as follows:
i. A minor under fourteen years of age featured in compensated video content in compliance with section one hundred fifty-five of this chapter.
§ 6. Subdivision 3 of section 131 of the labor law, as amended by chapter 975 of the laws of 1996, is amended by adding a new paragraph h to read as follows:
h. Nothing in this section shall be construed to prohibit a minor fourteen or fifteen years of age from being featured in compensated video content in compliance with section one hundred fifty-five of this chapter.
§ 6-a. Subdivision 3 of section 131 of the labor law, as amended by section 3 of part X of chapter 56 of the laws of 2025, is amended by adding a new paragraph f to read as follows:
f. Nothing in this section shall be construed to prohibit a minor fourteen or fifteen years of age from being featured in compensated video content in compliance with section one hundred fifty-five of this chapter.
§ 7. Subdivision 3 of section 132 of the labor law is amended by adding a new paragraph g to read as follows:
g. Nothing in this section shall be construed to prohibit a minor sixteen or seventeen years of age from being featured in compensated video content in compliance with section one hundred fifty-five of this chapter.
§ 8. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that the amendments to subdivision 3 of section 131 of the labor law made by section six-a of this act shall take effect on the same date and in the same manner as section 3 of part X of chapter 56 of the laws of 2025 takes effect. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the labor law and the estates, powers and trusts law, in relation to establishing protections for minors who are featured in compensated video content
Purpose or general idea of bill
This legislation will provide protection to minors who are featured in online videos and social media content that generates earnings.
Summary of provisions
Section one would rename the heading of article 4-A of the labor law.
Read the full memo (713 words)
Section two would amend section 150 of the labor law by adding new defi- nitions for "online platform," "family," "content creation," and "content creator."
Section three would add new section 155 to the labor law. This section would contain the following provisions:
* Establishing criteria that a minor must meet to be considered featured in compensated video content
* Requiring content creators to establish a minor content creator trust account when a minor is featured in compensated video content
* Requiring content creators to maintain certain records and to provide such records to the covered minor on an ongoing basis
* Establishing the right of the covered minor to take civil action against a content creator that violates this law
* Establishing the right of the covered minor to request content they are featured in to be deleted and requiring online platforms to have an online process for deletion
* Authorizing DOL to take civil action against online platforms that fail to comply
Section four would add new section 7-7.2 to the estates, powers and trusts law detailing the earnings distribution and requirements for a minor content creator trust account. This section would also establish the right of the covered minor to take civil action and authorize DOL to do the same against a violating content creator and be awarded damages upon successful action.
Sections five, six, and seven add exemptions to current child labor laws for minors featured in compensated video content.
Section 8 is the effective date.
Difference between original and amended version (if applicable)
The A print amendment makes minor substantive changes to definitions, such as replacing "influencer" with "content creator" throughout the underlying bill. In addition, the amendment increases the amount of compensation owed to covered minors from equal to or greater than 50 percent to 100 percent. It also adds a new process by which covered minors can have content they are featured in deleted. Finally, the amendment authorizes both covered minors and DOL to take civil action against violators.
Justification
The Internet has created a world where anyone with a smartphone can become a producer of content and parents and other caretakers can easily upload videos of children, creating viral moments. Child influencers, or children who star in online content that generates earnings for the account holder, lack the protections granted to children working in the film and television industry. With more parents and children creating social media content each day, there is an increased need for regu- lations to protect children against exploitation.
In 2016, Myka and James Stauffer rose to internet fame as they chroni- cled their family's journey to adopt a special needs child named Huxley from China. Huxley's participation in the content created by the Stauf- fers yielded lucrative results, including product sponsorships, and garnered millions of loyal viewers. Unfortunately, the couple shockingly revealed their decision to "rehome" Huxley nearly 2 1/2 years after his adoption. It is unclear whether the child reaped any financial benefit from the franchise he had no choice in creating.
Our labor laws have not kept pace with the digital age, and as a result, "kid influencers" are falling through the cracks. This bill will ensure that children that participate in creating online content receive their share of earnings that the content may generate. Like children working in the film and television industry, this legislation would require the creation of a trust account for minors when their appearances make up a significant portion of the content shared on such account and generates earnings. The earnings set aside shall become available to child upon turning eighteen.
Prior legislative history
2025: Passed Senate
2024: S.8735-A- Passed Senate
Fiscal implications for state and local governments
None noted.
Effective date
This act would take effect on the ninetieth day after it becomes a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.