Bill
HB 1975
Arkansas' Child Content Creation Protection Act shields minors in parental online content by requiring trust accounts for their earnings plus records and civil enforcement.
Status & procedural notes
- Introduced: January 22, 2025 (Rep. Gramlich; Sen. Dees added as cosponsor by Amendment H2).
- Engrossed: April 9, 2025 (Amendments H1 and H2 adopted).
- Version provided: “As Engrossed H4/9/25” adding Subchapter 15 to Arkansas Code Title 4, Chapter 88.
- Note: the legislative action history in the source mixes entries from multiple jurisdictions; readers should confirm current enactment status on the Arkansas General Assembly website.
Purpose / intent
- Create the “Child Content Creation Protection Act” to protect minors who appear in compensated online content produced by a parent or legal guardian. The Act establishes thresholds for when a minor is deemed to be “engaged in the work of content creation,” requires recordkeeping, creates trust-account protections for earnings attributable to minors, and authorizes civil enforcement.
Key definitions (selected)
- Content creator: a parent or legal guardian residing in Arkansas who creates compensated static image or video content performed in Arkansas (includes vloggers, podcasters, streamers, social media influencers). Does not include a minor producing their own content.
- Minor: a person 17 years of age or younger.
- Personal identifying information, social graph, social media platform, uniquely identifiable: defined to support privacy and platform-related provisions.
Main substantive provisions
1. When a minor is “engaged in the work of content creation” (thresholds apply over prior 12 months):
- At least 30% of a content creator’s compensated content produced within a 30‑day period includes the minor’s likeness, name, or photograph (measured as percentage of time visible or subject of oral narrative).
- The content received views that meet the platform’s compensation threshold or the content creator received ≥ $0.10 per view.
- The content creator received at least $15,000 in actual compensation in the prior 12 months.
2. Minor autonomy:
- A minor age 13 or older may create and publish their own content and is entitled to all compensation for that content.
3. Recordkeeping and access:
- Content creators whose content features a minor meeting the threshold must keep records until the minor turns 21: name and proof of age, reporting period, number and total minutes of compensated posts, minutes each minor was featured, total compensation from posts featuring the minor, and amounts deposited to the minor’s trust account.
- Records must be readily accessible to the minor and the content creator must notify the minor of their existence.
4. Trust account and payment:
- Content creators must set aside gross earnings attributable to a qualifying minor into a trust account for the minor’s benefit and preserve it until the minor is 18.
- If one minor meets the threshold, a percentage of gross earnings equal to at least one‑half of the content percentage that includes the minor is paid into the trust. If multiple minors meet the threshold on the same content, that percentage is divided equally among them (text truncated in source for full distribution mechanics).
5. Enforcement / remedies:
- A minor may bring a civil action if required records are not maintained. Remedies may include injunctive relief, actual and punitive damages, and costs including attorney’s fees.
Who is affected
- Primary: parents/legal guardians in Arkansas who monetize social-media content featuring minors.
- Secondary: minors who appear in that content (financial protections and access to records).
- Tertiary: social media platforms, advertisers, management entities, and legal professionals (compliance, recordkeeping, litigation exposure).
Potential impact and considerations
- Consumer protection: creates financial protections for minors appearing in commercially successful parental content.
- Compliance burden: recordkeeping and trust-account administration impose administrative/financial obligations on content creators.
- Litigation risk: creates a private right of action with significant remedies for noncompliance.
- Thresholds (30% content share, ≥$0.10/view or platform compensation threshold, $15,000 annual compensation) limit applicability to relatively higher-earning creators; many low-volume creators may be excluded.
- The Act relies on measurement of “percentage of time” and platform compensation criteria — practical implementation may require further guidance or rules.
Limitations / next steps
- The provided text is truncated in places (trust distribution details) and the legislative history in the source is mixed with other jurisdictions. Review the final enrolled/act text on the Arkansas General Assembly site for authoritative, complete language and current status.
Compiled from official sources — confirm details with the bill’s official record.
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