5.92 million subscribers and more than 6.5 billion cumulative views on their YouTube channel: Swan and Neo are internet stars. On YouTube, they even prance far ahead of star influencers Hugo Décrypte or Angèle. The two brothers are only 10 and 16 years old. Swan and Neo are far from the only minor influencers. For Thomas Rohmer, director of the Observatory of Parenthood and Digital Education, professional YouTuber children perform disguised work. His association sounded the alarm at the end of the 2010s. « On some channels, children had considerable hours of filming, up to 37 20-minute videos a month, he recalls. It was by no means a leisure activity. Paid leisure does not exist. It’s a job. » Result: a law to regulate online child labor is passed in 2020… But the first implementing decree does not arrive until April 28, 2022, and a second decree is still pending For child YouTubers, the road to employment law is still a long one.
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“This first decree is a relief”, breathes Bruno Studer, deputy La République en Marche who brought the text to the National Assembly. The deputy justifies the floating period: « Who says the Internet, says navigating between national and international law. The border between private space and public space is also freed. These are very complex subjects, which take time. » Same story on the side of Thomas Rohmer, who is currently working with the administration on the drafting of the second implementing decree: « France is a pioneer on these issues. . We wipe the plasters and we go there by groping to avoid saying big nonsense. » The platforms that host influencers do not facilitate the work of the administration, according to the child and digital specialist: « They say that ‘they don’t have statistics, whereas we know full well that they have them’.
Part of the profits deposited with the Caisse des dépôts
The published decree provides several obligations for parents who make their children work for profit on YouTube or another platform. Parents must apply for approval to have their child work. They must limit his time load, and the young influencer must be able to lead his life normally, by going to school for example. Finally, parents must keep part of the child’s profits at the Caisse des dépôts and deposit it until they reach majority. The objective is to prevent employer parents from receiving all the income. « It’s the children who work, and it’s work, even if they have fun, » said MP Bruno Studer.
This legislative shield for children working on YouTube is not a creation ex nihilo: it already applied to actors or models for example. « Labour law excludes the possibility of employing children under the age of 16, » recalls Adeline Gouttenoire, professor of law at the University of Bordeaux and president of the departmental observatory for child protection in the Gironde. But in some cases, there is an exploitation of the image of the child. The texts so far spoke of modeling or artist. There, we extend the regime. «
A second decree more difficult to draft
Problem: if it took 30 months to complete this decree, the second implementing decree, which will cover the rest of the October 2020 law, is just as difficult to write. « This decree looks at videos where we are not in the strict framework of a working relationship », explains Bruno Studer. Understand those where the lucrative nature of the activity is more difficult to demonstrate, as is the link of hierarchy and subordination between the employed child and his employer parents.
« This is the most delicate part », confirms Thomas Rohmer who is working on this decree, which he plans to publish before the summer. He cites as an example masked partnerships between brands and influencers, or even adult YouTubers who stage their children from time to time, and capitalize on their staging. The influencer Lola Rossi thus offers accessories for children on her e-shopon a page named Emma & Charlie, named after her children.
« We can’t get platforms to regulate content »
Even once the two decrees are published, the obstacles will still be numerous. « The problem is that we can’t get platforms to regulate content, » continues Anuchika Stanislaus, specialist in digital public policy. Bruno Studer recognizes this: he has no other means of pressure than « the reputational issue » for the platforms, monitored by Arcom. However, given the number of children’s videos online, their help is essential. « The platforms tell us that they don’t stick their noses in deals between brands and YouTube channels », adds Thomas Rohmer. Therefore, it is difficult to know when there is a profit motive.
Contacted by Challenges, TikTok indicates that it respects French law and specifies that it takes part in the work of Arcom on the drafting of charters on the subject, work « which is still in progress », according to the social network. Thomas Rohmer underlines the responsiveness of YouTube: « They reacted quickly and positively by implementing the demonetization of certain channels ». But, for Thomas Rohmer, significant progress remains to be made, in particular on the right to be forgotten for children, another big issue.
« The construction site remains immense »
It’s not just the platforms that could harm law enforcement. Some parents might show ill will – and, given how difficult it is to put systematic control in place, continue to thrive. But for Bruno Studer, the risk of sanctions – up to and including prison – are dissuasive. « The judge can force the refusal of the video », he explains. « Neo and Swan’s mother has always said she was in favor of the law, » he continues, before mentioning « some parents » who would have worried, however, thinking that the law would be retroactive.
Thomas Rohmer, he is less tender with certain YouTubers, whose names he does not mention for fear of lawsuits – « they are very procedural », he smiles. « We hit them clearly in the portfolio, and they are imposed filming rules that do not go in their direction ». Hence a possible resistance from the parent employers. In 2019, the mother of Neo and Swan declared to the YouTuber TiboInShape: « We are working , the parents. The children are having fun. » A sign of discomfort? Of the ten YouTubers calling on children solicited by Challengesincluding Neo and Swan, none responded to our requests.
In short, « the site remains immense », recognizes Bruno Studer, who is however satisfied with the work accomplished. Adeline Gouttenoire regrets for her part an element, in the law as in the decree: the absence of the notion of « consent » of children to make videos online.
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