EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1453*
HOUSE BILL 1453
C2 5lr1830
HB 645/24 – ECM
By: Delegates Behler and J. Lewis
Introduced and read first time: February 7, 2025
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Social Media Platforms – Vloggers and Video Content Featuring Minors 2
(Child Influencers Protection Act) 3
FOR the purpose of requiring a vlogger who creates video content that is posted on a social 4
media platform and features a certain minor child to compensate the child under 5
certain circumstances; establishing requirements on social media platforms relating 6
to deleting video content featuring minor children; applying certain requirements 7
related to the labor of minors to children compensated by vloggers; and generally 8
relating to minors featured in social media content. 9
BY adding to 10
Article – Business Regulation 11
Section 19–1001 through 19–1004 to be under the new subtitle “Subtitle 10. Social 12
Media Vloggers” 13
Annotated Code of Maryland 14
(2024 Replacement Volume) 15
BY repealing and reenacting, with amendments, 16
Article – Labor and Employment 17
Section 3–203(4) 18
Annotated Code of Maryland 19
(2016 Replacement Volume and 2024 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Business Regulation 23
SUBTITLE 10. SOCIAL MEDIA VLOGGERS. 24
2 HOUSE BILL 1453
19–1001. 1
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) “CHILD” MEANS, WITH RESPECT TO A VL OGGER, A MINOR FOR WHOM 4
THE VLOGGER OR , IF THE VLOGGER IS A BUSINESS ENTITY , AN INDIVIDUAL WHO HA S 5
AN INTEREST IN THE B USINESS ENTITY IS THE PARENT OR LEG AL GUARDIAN. 6
(C) “FEATURE” MEANS TO USE THE LIK ENESS OR NAME OF AN INDIVIDUAL 7
OR TO CAUSE AN INDIV IDUAL TO BE THE SUBJ ECT OF A NARRATIVE . 8
(D) “VLOGGER” MEANS AN INDIVIDUAL OR A BUSINESS ENTITY THAT 9
CREATES VIDEO CONTEN T TO BE POSTED ON A SOCIAL M EDIA PLATFORM IN 10
EXCHANGE FOR COMPENS ATION. 11
19–1002. 12
A VLOGGER THAT FEATURE S A CHILD IN THE VLO GGER’S VIDEO CONTENT 13
SHALL COMPENSATE THE CHILD IN ACCORDANCE WITH § 19–1003 OF THIS SUBTITLE 14
IF AT ANY TIME WITHI N THE PREVIOUS 12–MONTH PERIOD: 15
(1) (I) THE VLOGGER QUALIFIE D FOR COMPENSATION F ROM A 16
SOCIAL MEDIA PLATFOR M BASED ON THE NUMBE R OF VIEWS ANY OF TH E VLOGGER’S 17
VIDEO CONTENT RECEIV ED; OR 18
(II) THE VLOGGER ACTUALLY RECEIVED COMPENSATIO N OF AT 19
LEAST 10 CENTS PER VIEW FOR A NY OF THE VLOGGER ’S VIDEO CONTENT ; AND 20
(2) THE CHILD WAS FEATUR ED FOR AT LEAST 30% OF THE TOTAL 21
DURATION OF ALL CONT ENT POSTED WITHIN AN Y 30–DAY PERIOD. 22
19–1003. 23
A VLOGGER THAT IS REQU IRED TO COMPENSATE O NE OR MORE CHILDREN 24
UNDER § 19–1002 OF THIS SUBTITL E SHALL PAY INTO A S EPARATE TRUST FOR TH E 25
BENEFIT OF EACH CHIL D ON ATTAINING THE A GE OF 18 YEARS AS FOLLOWS : 26
(1) IF THE VLOGGER IS RE QUIRED TO COMPENSATE ONE CHILD, THE 27
PERCENTAGE OF GROSS EARNINGS ATTRIBUTABL E TO CONTENT IN WHIC H THE 28
CHILD WAS FEATURED SHALL BE PAID INTO T HE TRUST FOR THE CHI LD; AND 29
HOUSE BILL 1453 3
(2) IF THE VLOGGER IS RE QUIRED TO COMPENSATE MORE THAN ONE 1
CHILD, THE PERCENTAGE OF GR OSS EARNINGS ATTRIBU TABLE TO CONTENT IN 2
WHICH AT LEAST ONE O F THOSE CHILDREN WAS FEATURED SHALL BE DI VIDED 3
EQUALLY AMO NG THE CHILDREN AND PAID INTO THE SEPARA TE TRUST FOR EACH 4
CHILD. 5
19–1004. 6
(A) AN ADULT WHO WAS FEAT URED IN VIDEO CONTEN T OF A VLOGGER AS A 7
MINOR CHILD ON OR AF TER OCTOBER 1, 2025, MAY REQUEST THE PERM ANENT 8
DELETION OF THE CONT ENT. 9
(B) A SOCIAL MEDIA PLATFORM THAT RECEIV ES A DELETION REQUES T 10
UNDER SUBSECTION (A) OF THIS SECTION SHAL L TAKE ALL REASONABL E STEPS TO 11
PERMANENTLY DELETE A LL CONTENT FOR WHICH THE REQUEST WAS MADE . 12
(C) A CONTRACT BETWEEN A V LOGGER AND A SOCIAL MEDIA PLATFORM 13
FOR THE CREATION OF VIDEO CONTENT THA T WOULD REASONABLY B E 14
ANTICIPATED TO FEATU RE A MINOR CHILD SHA LL INCLUDE NOTIFICAT ION TO THE 15
SOCIAL MEDIA PLATFOR M OF THE RIGHTS OF T HE CHILD UNDER THIS SECTION. 16
Article – Labor and Employment 17
3–203. 18
This subtitle does not apply to an activity that a minor performs if the activity: 19
(4) is limited to: 20
(i) farm work that is performed on a farm; 21
(ii) domestic work that is performed in or about a home; 22
(iii) work that is performed in a business that a parent of the minor 23
or a person standing in place of the parent owns or operates, OTHER THAN WORK 24
PERFORMED BY A MINOR CHILD THAT IS REQUIR ED TO BE COMPENSATED BY A 25
VLOGGER UNDER TITLE 19, SUBTITLE 10 OF THE BUSINESS REGULATION ARTICLE; 26
(iv) caddying on a golf course; 27
(v) instructing on an instructional sailboat; 28
(vi) delivery of newspapers to consumers; 29
(vii) making an evergreen wreath in or about a home; 30 4 HOUSE BILL 1453
(viii) work performed as a counselor, assistant counselor, or instructor 1
in a youth camp certified under the Maryland Youth Camp Act; or 2
(ix) work that is performed as an unpaid volunteer in a charitable or 3
nonprofit organization, if: 4
1. a parent of the minor or a person standing in the place of 5
the parent consents in writing; and 6
2. for hazardous work in a volunteer fire department or 7
company or volunteer rescue squad, the minor: 8
A. is at least 16 years old; and 9
B. has completed or is taking a course of study about fire 10
fighting or rescue. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2025. 13