On Instagram, TikTok, or YouTube, minors may be present in photos and videos. A decree was issued on Thursday, April 28, published the next day in Official Gazettedetails the rules stipulated by the law of October 19, 2020, aimed at regulating the commercial exploitation of the image of children under the age of 16 on electronic platforms, according to its official address.
new text ” It falls within the general framework of employing children in certain occupations such as entertainment, film, radio and television, modeling and video game competitions.”attached to the official website of the public service.
Big income for some families
In between product tests, photos and videos can be a great source of income for some families. Influential parents of children have created a mechanism to frequently post videos, such as the role of mother actress Blanche Garden in the sketch. Photograph. This satire about the aggressive presence of digital technology in private life was released in movie theaters at the beginning of 2020.
” [C]Videos are generally a vehicle for advertisements, whether they are ad breaks, image-based ad inserts, or product placements. Some videographers also sell derivative products », to the explanatory note to the bill that led to the text. Platforms can pay for videos that collect a certain number of views.
Revenues “It is viewed directly by channel owners and therefore, parents in general”Is it still written in the explanatory note.
“Once the pay, place of dependency and work performance are clearly defined, it seems […] that these activities transcend the strict framework of leisure and can be analyzed as persuasive work.”, the document continued. The new rules had to respond to these violations.
The father of a child whose photo appears on the Internet may be the employer. The said law imposes a permit when the business of an employer is to make audiovisual recordings whose main subject is a child under 16 years of age, with the intention of broadcasting for profit on a video-sharing platform service. A simple administrative permit may be necessary in certain cases.
An application must be submitted for approval of the Governor. It is accompanied by the following elements detailed in the decree:
- An extract from the birth certificate of the employer or his directors, partners and directors in the case of a company;
- Certificate of payment of contributions to social security organizations of active employers at the time of application for approval;
- A certificate under which the employer undertakes to subject the child to a mandatory medical examination, at his own expense;
- all the elements that make it possible to assess the morality of the business owner, as well as the conditions under which he will carry out his activity;
- A document confirming the civil status of the child;
- Written authorization of his legal representatives accompanied by a list of jobs previously or currently occupied by the child;
- all documents that make it possible to estimate the difficulties and ethics of the role that the child is being asked to perform;
- All details of the child’s working conditions, remuneration, and arrangements made to ensure his attendance at school.
Compulsory medical examination
A mandatory medical examination must be performed by a pediatrician, general practitioner or occupational physician from a multidisciplinary occupational health service specializing in occupational medicine for artists and technicians.
According to the same decree, this examination should show, given the age and state of health of the child, whether the latter is able to carry out the activity without compromising his health or development. Exam renewal:
- every three months for children under 3 years old;
- every six months for those aged 3 to 6 years;
- Every year for those over 6 years old.
A negative opinion of the doctor forbids the operation of the child.
The wali grants the consent or renews it, for a renewable period of one year, with the approval of a committee, if the guarantees provided to the child regarding his physical and psychological safety are sufficient.
A reasoned comment is possible. It must be justified as a matter of urgency and can only be based on facts immediately and earnestly raising the question of the health or morals of the child. The suspension period cannot exceed one month.
Children whose image is exploited benefit from investing their income, with some exceptions, in Caisse des dépôts et consignations until they reach adulthood or are emancipated.