What happened?

On May 2, 2025, Virginia Governor Glenn Youngkin signed House Bill 2401 (HB 2401) into law, establishing new protections for children featured in monetized online content.

Overview:

The Law requires content creators to compensate children under 16 who regularly appear in their monetized videos. A portion of the earnings must be placed in a trust account for the child’s benefit, accessible when the child turns 18 or is emancipated.

Summary of Provisions:

• Who’s Covered: Adults or businesses producing monetized video content in Virginia that includes a child’s name, image, or likeness.

• Compensation: If a child appears in at least 30% of monetized content over a 30-day period, the content creator must:
  • Set aside a share of earnings in a trust account.
  • Maintain detailed records of the child’s involvement and earnings.

• Trust Account: Must comply with the Virginia Uniform Transfers to Minors Act and be held by a financial institution.

• Legal Enforcement: Children or their guardians can sue for noncompliance, with potential for damages and attorney fees.

What This Means for Employers and Content Creators: If the business or platform features children under 16 in monetized content, it must:

• Track and report their participation.
• Set up and fund a trust account.
• Be prepared for legal accountability if you fail to comply.

This law brings employment-like responsibilities to content creators and businesses, ensuring children are fairly compensated for their role in generating online revenue.

Source References

• Virginia HB 2401 – Child labor; child engaged in the work of content creation, trust account
• Virginia SB 998 – Child labor; child engaged in the work of content creation, trust account (Companion)
• Virginia Media Protections for Minors

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