These videos are sometimes the scene of very young children and can accumulate millions of views.
They are minor and can be put in scene on the Internet. For the safety of the children “influencers”, the national Assembly adopted in first reading Wednesday a bill LREM who intends to provide a legal framework for these videos.
The text, praised on all the benches, was unanimously adopted by the deputies, making France a pioneer on this subject, according to the deputy LREM Bruno Studer, which bears the text. “The temptation of viral marketing, you must focus on the imperative of intimacy,” argued the rapporteur of the text to the forum.
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It aims to do “to prevail the interest of the child” in the face of these videos that depict children, “often very young”, and can be viewed millions of times. The text is not a crusade against the movies, insists on the “walker” : “there are excellent content on the Internet. My child is a fan of baking because he sees other baking on YouTube, I have no problem with that.”
the minister of Culture, Franck Riester has largely supported the proposal, saying that “the protection of children in the digital space was a priority for the government.”
Coach timetables and revenues
This is primarily to oversee the schedules and the income of minors under the age of 16 years, whose image is broadcast on the platform of videos, up to now subject of a legal vacuum. For this, it is necessary to determine if this is an activity in the framework of an employment relationship.
“I don’t want that behind these videos, the children are the victims of embezzlement, or of illegal labour,” explains Bruno Studer, who chairs the committee on cultural Affairs of the Assembly. The magnitude of the phenomenon is difficult to quantify, but Bruno Studer has referred to the “dozens of cases” and “income that allow some parents to” stop “any activity”.
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In cases where the employment relationship is established, the text provides for the extension of a device already existing, which supports the work of the children’s show and children mannequins. And if the permissions and administrative approvals are not complied with, a judge sitting in chambers may be referred to.
The remuneration received by the children would be, in the same way as for the children in the show, placed with the Caisse des Dépôts et consignations, until their majority.
“blur”
For cases in the “gray zones of the Internet”, where the working relationship is not clearly established, the text provides a statement from a dual-threshold : time spent by the child in the videos and income and gains.
This mandatory reporting system will be supplemented by recommendations on the revenue and schedules, but also of the obligation to pay the amounts collected to the Caisse des Dépôts. The Insubordinate Muriel Ressiguier considered that the “recommendations” established by the text were “not enough “protective”, and that it was necessary to determine the maximum duration of filming. This could pose “a risk of unconstitutionality in view of the limitation of the freedom of expression”, according to the minister.
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The text establishes a “right to be forgotten” in the person of the minor : upon request of the children concerned, the platforms of videos would be obliged to remove the content.
The mp wants to empower parents but also the platforms, by making them sign “charters” to “enhance the fight against the commercial exploitation of the illegal image of children under the age of sixteen years”. They will also improve the information available to users on the legislation in force, and report items that infringe on the dignity, the physical or moral integrity of children.
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all in link with associations for the protection of childhood, but also with the regulatory authority that is the CSA (Conseil supérieur de l’audiovisuel), which will promote the signing of these charters from the platforms, but also to publish a “balance sheet” of their application and their effectiveness.
