Scenes from daily life, product tests or challenges of all kinds: the National Assembly adopted at first reading on Wednesday a LREM bill which intends to give a legal framework to videos featuring children on the Internet. The text, welcomed on all benches, was adopted unanimously by the deputies, making France a pioneer on this subject, according to the deputy LREM Bruno Studer, who carries the text.
"To the temptation of virality, it is necessary to privilege the imperative of intimacy", argued the rapporteur of the text in the gallery. It aims to "prevail the interest of the child" in the face of these videos which stage children "often very young", and can be viewed millions of times.
Manage schedules and revenues
The text is not a crusade against videos, insists the "walker": "There are great content on the Internet. My child is a fan of baking because he sees others baking on YouTube, I have no problem with that. Culture Minister Franck Riester broadly supported the proposal, saying that "protecting children in the digital space is a government priority." "
This mainly involves framing the hours and income of minors under the age of sixteen whose image is broadcast on video platforms, which has so far been the subject of a legal vacuum. To do this, it must be determined whether this activity is part of an employment relationship.
Parents who stop their activity
"I don't want the children behind these videos to be victims of embezzlement or concealed work," said Studer, who chairs the Assembly's cultural affairs committee, told AFP.
The scale of the phenomenon is difficult to quantify, but Bruno Studer mentioned "several dozen cases" and income "which allows certain parents" to stop "all activity".
Remuneration blocked until the majority
In cases where the employment relationship is proven, the text provides for the extension of an already existing system, which supervises the work of children of the show and of child models. And if the administrative authorizations and approvals are not respected, a judge of summary proceedings can be seized. The remuneration received by the children would, as for the children of the show, be placed at the Caisse des Dépôts et consignations, until their majority.
For cases in the “gray areas of the internet”, where the employment relationship is not clearly established, the text provides for a declaration starting from a double threshold: of time spent by the child on videos and of income thus garnered. This compulsory declaration regime will be accompanied by recommendations on income and hours, as well as the obligation to pay the sums collected to Caisse des Dépôts.
Right to be forgotten
Insoumise Muriel Ressiguier considered that the "recommendations" put in place by the text were "not sufficiently protective", and that it was necessary to determine maximum shooting times. This could pose "a risk of unconstitutionality with regard to the limitation of freedom of expression", according to the minister.
The text also establishes a “right to be forgotten” for minors: at the request of the children concerned, video platforms would be obliged to remove the content.
Promote information
MP wants to empower parents so that they "wonder about what they are doing with the image of their child", insists Mr. Studer, who also wants to empower platforms, by making them sign "charters" to "improve the fight against the illegal commercial exploitation of the image of children under the age of sixteen".
They must also promote the information of users on the legislation in force, and report the elements which undermine the dignity, physical or moral integrity of children.
All in connection with child protection associations, but also with the regulatory authority that is the CSA (Conseil Supérieur de l'Audiovisuel), which will have to promote the signing of these charters with platforms, but also publish a "review" of their application and their effectiveness.
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