New Jersey Assembly Bill A5474 Seeks to Safeguard Rights of Minors in Online Video Content
Introduced by Assemblywoman Sadaf F. Jaffer and Assemblyman Reginald W. Atkins, New Jersey Assembly Bill A5474 aims to protect the monetary and privacy rights of minor children featured in online video blogs. The bill was introduced on May 18, 2023, during the 220th legislative session and seeks substantial amendments to current laws that would enforce stricter controls on the earnings and privacy of minors appearing in online videos.
The proposed legislation mandates that any online content creator who features their minor child or children in videos that meet certain criteria must compensate the child. This applies if the content creator’s videos either meet the platform’s monetization thresholds or earn compensation of at least $0.10 per view or interaction. Additionally, the bill stipulates that at least 30 percent of the creator’s compensated content within a 30-day period must include the likeness or name of the minor or feature a product or service advertisement associated with the minor.
Under A5474, gross earnings from videos featuring minors must be set aside in a trust until the child reaches the age of 18. If only one minor child appears in the content, a portion of the earnings equal to or greater than the percentage of content featuring the minor must be saved. If multiple children qualify under these rules, the reserved earnings are to be divided equally among them.
Furthermore, the bill grants individuals who were featured as minors in such videos the right to request the deletion of those videos from any internet platform once they reach 18 years of age. This includes content uploaded by their parents or legal guardians that generated income through advertisements. Platforms are required to take all reasonable steps to comply with these deletion requests.
The amendments also require that any contracts with internet platforms involving content that could include minors must explicitly notify the platform of the minor’s future rights to their likeness and earnings.
This bill not only modifies existing regulations to protect minor children from being exploited online but also ensures that any income generated by their appearances is secured for their future benefit, emphasizing the state’s commitment to protecting its youngest citizens in the digital age.
