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French Law-Kidfluencer - English Version Amendments
French Law-Kidfluencer - English Version Amendments
Legislative file: LAW n° 2020-1266 of October 19, 2020 aiming to regulate the commercial exploitation of the image of children under the
age of sixteen on online platforms / Application schedule
Initial version
Section 1
" Art. L. 7124-4-1.- When the child is engaged, pursuant to 5° of Article L. 7124-1, the individual authorization takes the form of an
approval. » ;
" Art. L. 7124-5.-The approvals provided for in Articles L. 7124-4 and L. 7124-4-1 for the employment of children under sixteen years of
age are granted by the administrative authority for a fixed, renewable period.
“They can be removed at any time.
“In an emergency, they can be suspended for a limited time. » ;
After article 6-1 of law n° 2004-575 of June 21, 2004 on confidence in the digital economy, an article 6-2 is inserted as follows:
" Art. 6-2.-When the competent administrative authority mentioned in Article L. 7124-1 of the Labor Code finds that audiovisual content
is made available to the public on a platform mentioned in 5° of the same Article L. 7124-1 in disregard of the obligation of prior
approval provided for under the same 5° or the reporting obligation provided for in Article 3 of Law No. 2020-1266 of October 19, 2020
aimed at regulating the operation of the image of children under the age of sixteen on online platforms, it may seize the judicial
authority according to the methods and under the conditions provided for by regulation so that the latter orders any measure capable
of preventing imminent damage. or to put an end to a manifestly unlawful disturbance. »
Section 3
I. - Except for the cases mentioned in Article L. 7124-1 of the Labor Code, the distribution of the image of a child under sixteen on a
video-sharing platform service, when the child is the main subject, is subject to a declaration to the competent authority by the legal
representatives:
1° When the cumulative duration or the number of these contents exceeds, over a given period of time, a threshold fixed by decree in
Council state;
2° Or when the distribution of this content causes, for the benefit of the person responsible for the realization, production or distribution
of these, direct or indirect income above a threshold fixed by decree in Council of State .
II. - The authority mentioned in the first paragraph of I of this article makes recommendations to the legal representatives of the child
relating to:
1° The times, duration, health and safety of the conditions for making the videos;
2° The risks, in particular psychological, associated with the dissemination of these;
3° Provisions aimed at allowing normal school attendance;
4° To the financial obligations incumbent upon them pursuant to III.
III. - When the direct and indirect income derived from the distribution of the content mentioned in I exceeds, over a given period of
time, the threshold set by decree in Council of State in application of 2° of the same I, the income received from the date on which this
threshold is exceeded are paid without delay to the Caisse des dépôts et consignations and managed by this fund until the child reaches
majority or, where applicable, until the date of his emancipation. Direct debits may be authorized in the event of an emergency and on
an exceptional basis. A share of the income, determined by the competent authority, may be left at the disposal of the legal
representatives of the child.
IV. - Any advertiser who carries out product placement in an audiovisual program broadcast on a video-sharing platform whose main
subject is a child under the age of sixteen is required to check with the person responsible for the broadcast whether the latter declares
be subject to the obligation mentioned in III of this article. In such a case, the advertiser pays the sum due in return for the product
placement, minus, where applicable, the share determined pursuant to the last sentence of the same III, to the Caisse des dépôts et
consignations, which is responsible for manage it until the child comes of age or, where applicable, until the date of his emancipation.
The provisions of the second sentence of III are applicable. Failure to respect the
Section 4
Section 5
After article 15 of law n° 86-1067 of September 30, 1986 relating to freedom of communication, an article 15-1 is inserted as follows:
" Art. 15-1.- The Superior Audiovisual Council promotes the adoption by video sharing platform services of the charters provided for in
Article 4 of Law No. 2020-1266 of October 19, 2020 aimed at regulating the commercial exploitation of the image of children under
sixteen on online platforms.
“It publishes a periodic report on the application and effectiveness of these charters. To this end, it collects from these services, under
the conditions laid down in article 19 of this law, all the information necessary for the preparation of this report. »
Section 6
The consent of the holders of parental authority is not required for the implementation, by a minor, of the right to erasure of personal
data provided for in Article 51 of Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms.
Section 7
The Government submits to Parliament, within six months of the publication of this law, a report assessing the strengthening of data
protection for minors since the implementation of Regulation No. 2016/679 of the European Parliament and of 27 April 2016 on the
protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive
95/46/EC (general data protection regulation ).
Section 8
This law comes into force six months after its publication.
This Act shall be enforced as state law.
Emmanuel Macron
By the President of the Republic: