Influencer or victim? Legal aspects of using a child’s image on social media by family members for profit

Abstract

In a world where every click can be turned into profit, children are becoming the protagonists of a digital transformation that is fundamentally changing the definition of work and the relationship between childhood and technology. This has created a new landscape where the lack of legal protection regarding children’s rights in relation to income and labor conditions exposes them to exploitation. The creation and distribution of content by parents featuring their children on platforms such as YouTube, Instagram, and TikTok raises concerns about whether children are being exploited for profit without their consent or understanding. In addition to being involved in content to generate income, children are also exposed to the creation of a permanent digital footprint, which can negatively impact their privacy and rights. This article aims to provide an in-depth analysis of the legal gaps in the field of children`s rights and labor, including specific cases from practice, and highlighting the risks that are not covered by existing legal frameworks. In particular, the article examines how international legislation addresses the issue of child exploitation by their family members for financial gain. The article concludes with recommendations emphasizing the need for regulation to protect children’s rights. Due to the nature of this phenomenon, research in this field is still limited, and this article seeks to fill these research gaps.