MOMAGER DEAREST: WHY THE KIDFLUENCER INDUSTRY REQUIRES STRONGER REGULATION

Authors

• Lewis, Annabel

Abstract

In the last twenty years, social media has undergone a massive transformation. What began as a medium to connect with friends has evolved into a multi-billion-dollar industry where influencers reign supreme, profiting from their online personas. This opportunity is not limited to those old enough to operate their own accounts.

The recent rise of child influencers, known as “kidfluencers,” enables parents to profit from sharing aspects of their children’s lives on the internet. These accounts are not without benefit. Beyond their financial appeal, kidfluencer accounts can serve as a means for parents to bond with their children and may open doors to the unique opportunities that accompany fame. However, these benefits come with significant dangers. Sharing aspects of a child’s life online can lead to bullying, harassment, and predatory interactions. Experts warn that kidfluencers may face the same struggles that plagued child stars of earlier decades— such as addiction, mental health challenges, and family conflict— compounded by the relentless and immediate scrutiny of online audiences.

Parents who manage these accounts often face conflicting incentives, torn between safeguarding their children’s well-being and capitalizing on the accounts’ financial success. Meanwhile, the lucrative nature of kidfluencer content, coupled with Section 230’s immunity provisions, discourages social media platforms from taking meaningful action. Currently, federal laws that regulate social media and child labor do little to address the unique needs of kidfluencers. Kidfluencer-specific legislation exists only at the state level, and most of it focuses on protecting children’s financial interests. These state laws do little to address the emotional, developmental, and physical harms that can result from growing up in the spotlight, underscoring the need for government intervention to protect kidfluencers.

After exploring the complex regulatory landscape surrounding child influencer accounts, including the challenges of regulating online speech, potential infringements on parental rights, the role of Section 230, and the fragmented patchwork of state labor laws; this paper outlines a three-part proposal designed to (1) protect child influencers without infringing constitutional rights, (2) hold social media platforms accountable, and (3) preserve state flexibility in the implementation of labor laws that apply to kidfluencers. This comprehensive framework is tailored to address the specific challenges of the kidfluencer industry, protecting children from the dangers of receiving so much attention at such a young age.

Recommended Citation

Lewis, Annabel, Case Note, MOMAGER DEAREST: WHY THE KIDFLUENCER INDUSTRY REQUIRES STRONGER REGULATION, 66 Santa Clara L. Rev. (2026).
Available at: https://digitalcommons.law.scu.edu/lawreview/vol66/iss2/6