Introduction: Protecting the Next Generation of Influencers
If your brand works with child influencers or if your family earns income from social media content, New York’s law changes the rules. The New York State Legislature has passed Senate Bill S825, the first law in the state specifically designed to protect child social media influencers. The measure, as of June 2025, requires that a portion of a child’s earnings from monetized online content be placed in a trust account, echoing long-standing protections for child actors under the Coogan Law in California.
This marks a pivotal moment for the fast-growing “kidfluencer” economy. Child actors have long enjoyed statutory financial protections, while young influencers have not. For the first time in New York, parents, brands, agencies, and digital platforms must navigate legal obligations aimed at protecting the financial interests of minors feature in online content.
What the Law Requires
Under Senate Bill S825, New York law now imposes clear obligations on those who profit from a minor’s participation in social media content:
- Mandatory Trust Accounts: Parents or guardians must deposit a defined percentage of the minor’s earnings into a trust, which the child can access upon reaching adulthood.
- Age Limit: Applies to children under 18 who appear in monetized content produced within New York State.
- Enforcement: Failure to comply could expose parents or producers to civil liability and contract disputes over unpaid or misallocated earnings.
This statute introduces new complexities, such as determining what constitutes “monetized content,” or identifying when a child’s appearance in a family blog or brand partnership might trigger the law’s protections.
Key Takeaways
Parents should consult legal counsel to establish compliant trust structures and ensure that their child’s earnings are properly managed and accounted for. Brands working with young influencers should update their influencer and marketing contracts to include safeguards for trust formation and payment handling. Agencies and managers should implement compliance reviews and audit mechanisms to ensure that all parties adhere to the new requirements. Across the industry, early compliance will help mitigate the risk of future disputes, penalties, or reputational harm.
Bill Passed, But Not Yet Law
Remember, however, while the bill has been passed, it is not yet law. The bill now awaits the current Governor’s signature. If signed into law, it will establish the needed financial protections for child social media influencers by requiring that a portion of their earnings from monetized content be placed in trust.
Schedule a Consultation to Safeguard Yourself and Your Minor
If you work with or represent child influencers, now is the time to get ahead of these changes. If you want to safeguard your client or yourself against lawsuits, contact us today to schedule a consultation.
Contributions to this blog by Sofia DiNatale.
