The rise of the "kidfluencer" and family vlogging has transformed the domestic sphere into a commercial stage. In the Philippines, where social media penetration is among the highest globally, the line between "sharing memories" and "commercial labor" has blurred. This legal overview examines the intersection of traditional labor laws and modern digital realities.
1. Defining the Status: Is a Child Vlogger a Worker?
Under Philippine law, the primary statute governing children's work is Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act), as amended by RA 9231.
The law generally prohibits the employment of children below 15 years of age. However, an exception exists for "public entertainment," which includes cinema, theater, radio, and television. By legal extension and Department of Labor and Employment (DOLE) advisories, this now encompasses social media platforms where the content is monetized or used for brand endorsements.
Criteria for Legal Engagement
For a child under 15 to participate in vlogging for commercial purposes, the following conditions must be met:
- The employer (often the parent or a production agency) must ensure the work does not endanger the child's life, safety, health, and morals.
- The work must not impair the child's normal development or schooling.
- The parent/guardian must obtain a Working Child’s Permit from DOLE.
2. The Working Child Permit (WCP) in the Digital Age
The DOLE Department Order No. 65-04 provides the guidelines for the issuance of a WCP. In the context of vlogging:
Application: Even if the parents are the "producers," they are technically the employers and must apply for the permit before the child "performs."
Working Hours: * Children below 15 are limited to 20 hours per week and no more than 4 hours per day.
Work is strictly prohibited between 8:00 PM and 6:00 AM.
Income Protection: At least 20% of the child’s earnings must be set aside in a trust fund or a bank account under the child's name, accessible only when they reach majority age.
3. Protection Against Exploitation and Abuse
The Department of Social Welfare and Development (DSWD) and the National Authority for Child Care (NACC) monitor the content for potential "sharenting" abuses.
Prohibited Content
Under RA 7610 and the Cybercrime Prevention Act (RA 10175), content creators are liable if the vlogs:
- Deaden the child's sensitivity or are lewd in nature.
- Involve "pranks" that cause emotional distress or psychological trauma.
- Expose the child's private life to the point of endangering their physical safety (e.g., revealing school locations or home addresses).
The "Best Interests of the Child" Principle
The Philippines adheres to the UN Convention on the Rights of the Child. This means that in any legal dispute regarding a vlog, the "best interests of the child" override the "right to property" or "freedom of expression" of the parents. If the DSWD deems the vlogging environment toxic, they have the authority to remove the child from the home or restrict the parents' control over the child's digital presence.
4. Data Privacy and Right to be Forgotten
The Data Privacy Act of 2012 (RA 10173) protects the personal information of minors.
- Consent: Since minors cannot legally provide "informed consent," parents provide it. However, the National Privacy Commission (NPC) emphasizes that parents have a fiduciary duty to protect the child’s digital footprint.
- Future Agency: Legal scholars argue that children have a "Right to be Forgotten." Once a child reaches the age of majority, they may legally demand the removal of content uploaded by their parents that they deem harmful to their current reputation or dignity.
5. Accountability and Penalties
Failure to comply with these laws carries significant risks:
| Violation | Legal Consequence |
|---|---|
| Operating without a WCP | Fines and potential closure of the "business" (channel/page). |
| Violating Working Hours | Penalties under RA 9231, including imprisonment for repeat offenders. |
| Child Abuse/Exploitation | Criminal prosecution under RA 7610; imprisonment ranging from 6 to 12 years. |
| Privacy Violations | Cease and desist orders from the NPC and civil damages. |
Summary of Responsibilities
For a family vlog to remain within the bounds of Philippine law, it must transition from a "hobby" to a "regulated activity" the moment a cent of revenue is generated. The burden of compliance lies solely with the parents or legal guardians, who must balance their role as protectors with their role as content producers.
In the eyes of the State, the child is not a "prop" for engagement but a subject of rights who requires heightened protection in the digital landscape.