Vote Smart's Synopsis:

Vote to pass a bill that requires minors to be compensated for online content in which they are featured in Colorado.

Highlights:

• Defines “content creator” as a parent or legal guardian who creates online content in exchange for compensation (Sec. 1).

• Specifies that "content creator” does not include a minor who produces their own online content (Sec. 1).

• Specifies that an “online hosting platform,” for the purposes of this Act, does not include a service or application operated by a news organization in furtherance of its primary purpose (Sec. 1).

• Specifies that a minor is considered engaged in the work of content creation when the following criteria are met (Sec. 1):

• At least 30% of the content creator’s online content within a 30 day period includes the likeness, name, or photograph of the minor;

• The number of views received per segment of online content meets the hosting platform’s threshold for the generation of compensation, or the content creator receives actual compensation including from sponsorships; and

• The content creator receives actual compensation for online content in an amount of at least $40,000 in a year.

• Specifies that a minor who is 14 years or older may produce their own online content and is entitled to any compensation for their own content (Sec. 1).

• Requires all content creators whose content features a minor engaged in the work of content creation to maintain the following records until the minor turns 18 years old (Sec. 1):

• The name and documented proof of age of the minor;

• The number of posts featuring content that generated compensation during the reporting period;

• The total number of minutes of content for which the content creator was compensated during the reporting period;

• The total number of minutes the minor was featured in online content during the reporting period;

• The total compensation generated from online content that features a minor; and

• The amount deposited into the trust account for the benefit of the minor.

• Requires a content creator to compensate a minor who is engaged in the work of content creation by setting aside gross earnings on online content that includes their likeness, name, or photograph into a trust account for the benefit of the minor (Sec. 1).

• Specifies that the amount that must be set aside into such trust account must be at least 40% of the gross earnings on any online content which engages a minor, and that amount must be divided equally if the content engages multiple minors (Sec. 1).

• Authorizes civil action to be filed on behalf of a minor for violation of this section (Sec. 1).

• Authorizes an adult who was featured in a content creator’s post as a minor to request the removal of such post or to edit the post to remove their own private information if they are uniquely identifiable (Sec. 1).

• Requires a content creator to remove a post that is requested as described above within 72 hours of the request (Sec. 1).

• Prohibits individuals from financially benefitting from knowingly producing or distributing online content of a minor with the intent to sexually gratify or elicit a sexual response in the viewer (Sec. 1).

• Specifies that this Act takes effect June 1, 2027, unless a referendum petition is filed (Sec. 2).

Full Bill Text