The rise of kidfluencers has sparked debate over child labour laws, with many arguing that current legislation is not equipped to handle the complexities of children participating in monetised content creation. Jaymie, a five-year-old who appears in brand collaborations and product review videos alongside her mother, digital creator Julia Tan, is one such example. Their account @nomnomwithjaymie has over 70,000 followers on Instagram and 4,000 on TikTok.
According to Julia Tan, it all started when she began documenting her infant daughter’s transition to solid foods in 2022. As Jaymie grew older, she took an interest in the process and wanted to participate, becoming a regular feature in Tan’s content. The videos, known as “sharenting” in social media lingo, include thoughts on trends, product reviews, and brand collaborations involving Jaymie and her sibling.
The distinction between play and work is less clear-cut when brands pay for content and a child becomes part of a commercial product. This has raised questions over when a child’s participation in monetised content crosses from play and creative expression into digital child labour, and what protection should apply as kidfluencers become part of the wider creator economy.
In Malaysia, existing legislation covering child labour was written for more conventional forms of employment and does not expressly address children appearing regularly in monetised social media content, particularly when the accounts and income are controlled by their parents. The National Child Policy and Action Plan sets out measures to address child labour, exploitation, internet safety, and digital harms, but it does not clearly establish who is responsible when a child’s online activity becomes commercial labour.
Mediha Mahmood, CEO of the Communications and Multimedia Content Forum of Malaysia, says self-regulation will have to work alongside legislation as the industry develops. They are developing guidelines for influencers, with a significant portion of the guidelines applying to kidfluencers. These guidelines could include ensuring content creation does not interfere with a child’s schooling, rest, or personal development; setting limits on filming hours and frequency; and protecting children’s privacy by avoiding the disclosure of personal information, locations, or sensitive moments.
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Richard Wong Chun Kiat, co-founder and principal partner at Wong Partnership Advocates and Solicitors, notes that factors that could indicate employment include the child having to follow a schedule, script, or brand brief; undergo repeated takes or rehearsals; prepare costumes or make-up; or follow directions from a parent or brand about when and how to participate. Wong argues that a framework should take into account fees paid directly for a child’s performance, as well as a proportionate share of platform advertising and subscription revenue, affiliate income attributable to the child, licensing and merchandise using the child’s identity, and substantial non-cash benefits.
Kidfluencers can also be financially vulnerable because the adults managing their accounts often control the money generated by their content.
Julia Tan believes her daughter should receive a share of the income from content she helps create, and puts a portion of the earnings from campaigns involving her into a dedicated savings account to support her future and education. Nurul Nadiah Zainal Abidin, who runs @mamasepenuhmasa on Instagram, takes a different approach, with earnings from content involving her children contributing to family expenses and experiences, including education and holidays.
It is essential to balance content creation with children’s well-being. With the growth of social media, risks have been created that individual parents cannot always manage themselves. Julia Tan supports regulations aimed at protecting children’s mental health, safety, and well-being online, and believes that safeguards are necessary to ensure the long-term consequences of sharing their lives online are considered.
As the industry continues to evolve, it is key to find a balance between content creation and children’s well-being. The development of guidelines and regulations will play a significant role in protecting kidfluencers and ensuring their participation in monetised content does not harm their health and development.
