French labour law - Child influencers: what framework for the commercial exploitation of their images on online platforms?
Faced with the expansion of influence, the legislator wants to protect child influencers.
The decree specifies the conditions under which people can make, produce and distribute videos mainly featuring minors under the age of sixteen on online video-sharing platforms, in a lucrative context.
The service provided by the child then constitutes work subject in particular to prior administrative authorisation, medical supervision, and the deposit of the sums received from the Caisse des dépôts et consignations.
The decree (Decree of April 28, 2022) comes into force on April 30, 2022.
1) Scope: target actors.
Decree n°2022-727 of April 28, 2022 specifies that law n°2020-1266 of October 19, 2020.
Law n° 2020-1266 of October 19, 2020 aimed at regulating the commercial exploitation of the image of children, applies to children under the age of sixteen and their legal representatives.
The application of the regime relating to the supervision of the commercial exploitation of the image of minors applies to employers distributing on an online platform audiovisual recordings whose main subject is a child under the age of sixteen.
2) Protection of child influencers.
2.1) Submission of an authorization request.
The filing of an application for authorization with the prefect of the company's headquarters applies to any person wishing to hire or produce a child under the age of sixteen with a view to carrying out the activities set out in article L7124- 1 of the Labor Code, including audiovisual recordings for distribution for profit on a video-sharing platform service.
Similarly, the request for individual authorization is examined according to the decree, by the DREETS (departmental director in charge of the economy, employment, work and solidarity), in order to allow more targeted monitoring and protection of minors.
2.2) Control of the proposed role.
Decree No. 2022-721 of April 28, 2022 regulates the commercial exploitation of the image of minors.
The decree submits the instruction of the individual authorization to the appreciation of the difficulties and the morality of the role entrusted to the child .
In this way, both modeling, the field of video games and now influence, are subject to a condition of morality in order to protect minors.
In addition to the moral nature of the remunerated activity in question, the decree also imposes the assessment during the instruction of the individual authorization, "of the rhythm of the activities, in particular in the evening or during the same week", which should not be excessive in view of the age of the person concerned.
2.3) Child Pre-Employment Screening.
Decree No. 2022-721 of April 28, 2022 submits the application for approval submitted by a modeling agency with a view to hiring children, to a more precise medical examination, detailed in article R7124-9 of the Labor Code .
Indeed, this last article specifies that this medical examination must be carried out by a pediatrician or a general practitioner, and must show whether "taking into account the age and the state of health of the child, this one is able to ensure a modeling activity without compromising his health or his development”.
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. Decree n°2022-727 of April 28, 2022 relating to the supervision of the commercial exploitation of the image of children under the age of sixteen on online platforms. Décret n° 2022-727 du 28 avril 2022 relatif à l'encadrement de l'exploitation commerciale de l'image d'enfants de moins de seize ans sur les plateformes en ligne - Légifrance (legifrance.gouv.fr)
. Child influencers: what status, what legal framework? Influenceurs : quel statut ? Quel cadre juridique ? Par Frédéric Chhum, Avocat et Julie Rougé-Guiomar, Juriste. (village-justice.com)