Platforms will be notified about the obligation to obtain judicial approval for the activities of child influencers, says CNJ rapporteur

Adviser Fábio Esteves, from the National Council of Justice (CNJ), stated this Tuesday (9) that social networks will be notified of the mandatory judicial approval for the publication of monetized or boosted content for children and adolescents. Notifications will be made from next Tuesday (16).
Esteves made the statement when presenting the report on a proposal to regulate court licenses for platforms, with the aim of establishing mechanisms to protect children and adolescents who act as digital influencers.
The counselor's report foresees measures to protect the income and assets obtained by them from this work.
"The core of the problem lies in undue commercial exploitation. As well as the imminent danger that business and marketing interests override the rights of children and adolescents and generate an impact such as adultization", said Esteves.
"The measure aims to protect the dignity of children and adolescents, protecting them from being victims of exploitative digital child labor. The permit we present is a protection instrument of the right not to work", added the counselor.
Experts assess that 'Adultization Bill' advances in the protection of children on the Internet
The National Council of Justice has discussed granting authorization for minors to participate in paid artistic and advertising activities on digital networks and platforms.
This regulation is a consequence of the entry into force, in March, of the Digital Child and Adolescent Statute (ECA), which established the need for permits for the so-called "child influencers" in the digital environment.
ECA Digital created a legal framework for the protection of young people in the digital environment, with measures aimed at online safety, data protection, risk prevention and accountability of platforms for illicit content and abusive practices.
Safeguards
The proposal establishes that magistrates, when granting permits, will establish "safeguards necessary for the full protection of the child or adolescent."
These safeguards will need to take into account, according to the CNJ, the characteristics of the authorized activity, the exposure load of this young person, in addition to their age, level of development and specific needs.
Judges will be able to adopt measures such as:
limiting the frequency, duration and times of carrying out this activity;
adopting measures to protect the physical and emotional health of the child or adolescent;
determining actions to guarantee school attendance;
restricting content, the form and means chosen to disclose the authorized activity;
define measures aimed at protecting the privacy, image, voice and personal data of the child or adolescent; and
establish "asset protection measures related to remuneration or income arising from the authorized activity.
Income protection for minors
The text lists, among the possible measures, the creation of an asset reserve account or an investment in the name of the child or adolescent.

The CNJ also proposes mechanisms for controlling and providing information on the destination of income, in addition to restrictions on the use of these amounts, when risks of undue economic exploitation or compromising assets are identified.
The proposal also establishes that permits will have a maximum validity period of 12 months, for children, and 18 months, for teenagers. The established terms may be changed at any time, if the judge deems it necessary.
The measure also brings about the creation of a national bank of granted licenses, which will have among its objectives to allow supervisory bodies, such as the Public Prosecutor's Office, to have access to information about the activities of these young people on the networks.
ECA Digital, Child and Adolescent Statute that creates new rules for minors' access to the internet, comes into force
Jornal Nacional/ Reproduction

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