KidfluencingSocial media stars in the nursery - overview for parents

Social media communities offer children exciting opportunities to express themselves creatively, gain visibility for their talents and participate in social discourse - the right to digital participation is an important right of children under the UN Convention on the Rights of the Child. At the same time, it must be ensured that children are also effectively protected in the digital world and that legal frameworks such as the Digital Services Act are adhered to. Legal guardians bear responsibility if their children are active as influencers. They must ensure that their children's activities comply with the law and that their children's welfare is not put at risk.  

In Germany, the activities of young influencers are still subject to a large number of legal regulations intended to ensure the protection of children. Particularly relevant is the Youth Employment Protection Act (JArbSchG), which sets out clear requirements for the working hours and working conditions of minors. Children under the age of 15 are not allowed to work, although exceptions apply to working in front of a camera, among other things. Parents or legal guardians must generally consent to work in front of the camera, whereby the activity must not impair health or school performance. For children under the age of 15, official approval is also required, usually from the Occupational Health and Safety Office and, if necessary, the Youth Welfare Office.

A legal opinion from 2024 questions the extent to which the protection of children is actually guaranteed when children are regularly "brought" in front of the camera with their parents ("family influencing") or children are active as child influencers. The legal opinion, prepared on behalf of the Deutsches Kinderhilfswerk together with Campact e.V., concludes that the activities of children as influencers can pose a significant risk to the welfare of children. The commercial publication of photos and videos on social media platforms in particular is viewed critically, as it can violate children's privacy and personal rights. The authors see too many loopholes and insufficient controls in the current legal provisions. The report therefore calls for stricter regulations to protect the "digital personality" of children and safeguard their rights.

Legal protection concepts arerecommended that are geared towards the skills and competencies developed by children depending on their age: 

• Up to 7 years: At this age, children are particularly vulnerable, so the publication of photos/videos is completely prohibited. 
• From the age of 7: If the child is not yet able to form their own opinion and understand the consequences, no photos/videos may be published. Such an understanding usually only develops between the ages of 10 and 12. If there is an exception, the persons with custody must give their consent. 
• From 10 to 12 years of age: Children who are capable of understanding the publication of their recordings and any associated consequences must give their consent together with their legal guardians.  
• From the age of 16: Young people may decide for themselves whether recordings of them are published without their parents having a say. 

Depending on their developmental stage and age, children are not able to fully understand and assess the risks and consequences of their online activities. They are dependent on the support of their parents to use social media safely and responsibly. Many parents who want to support their children in their dream of becoming influencers are usually acting with the best of intentions. They want to encourage their children in their interests or certain talents. However, guardians often lack knowledge of the legal regulations and potential risks that can come with a public online presence. These include loss of privacy, psychological stress and excessive media use due to the pressure to constantly produce new content, cyberbullying and sexual harassment, as well as the risk of financial and emotional exploitation. Without a clear understanding of these long-term consequences, parents run the risk of unconsciously making decisions that could be detrimental to their children's well-being. 

Back in 2020, the "Child Influencing" working group drew up comprehensive recommendations for action to make it easier for parents to guide their children online and enable them touse social networks in a reflective and safemanner - especially if they want to become content creators. Among other things, parents will receive important tips on how to protect privacy and intimacy, how to create child-friendly content and what they should look out for in potential cooperation partners.