Beyond Factory Gates: Addressing Digital Age – Exploitation In Child Labour Laws

Abstract

“This paper critically examines the child labour laws aiming to address the digital exploitation of children through social media content creation in the existing discourse.” Child labour has historically been linked to dangerous positions in mines, factories, industries, and fields, but in the current digital age, exploitation of children is growing rapidly. In this type of child labour, children are forced to produce digital material for financial gain, frequently by their parents or guardians. Although kidfluencers help platforms and brands by promoting them, they might not be fairly compensated for their work. This practice raises serious ethical and legal issues by complicating the distinctions between participation, creation, and exploitation. International conventions and current Indian child labour regulations target physical employment in traditional industries, but no action has been taken by them for the digital exploitation of children. The paper emphasizes the need for a revised legislative framework and regulations that recognises digital exploitation as a major issue in the 21st century by stepping outside of factories and into the virtual sphere.

Introduction

Amid growing digitalization, the old perception of child employment as occurring in dangerous mines and dusty industries is changing. From coerced involvement in online content creation to extended periods of time spent reviewing material, mining data, or creating commodities for e-commerce under unofficial agreements, children are currently being exploited in invisible, unregulated virtual realms as well.

Parents have made their children a tool of earning money through social media platforms against their will. This kind of exploitation is poorly impacting a child’s physical and mental health. Global rules against child labour have always concentrated on physical workplaces, but they are finding it difficult to keep up with the new types of exploitation brought about by digital gig economies, remote work platforms, and technology. Parents are manipulating and compelling them to create reels, vlogs, etc., on platforms like Instagram, YouTube, Snapchat, TikTok, and Facebook, affecting their child’s education and violating their childhood rights.

In order to identify, stop, and deal with child labour in its contemporary, digital form, this change necessitates a significant extension of our legal and legislative framework — a movement “Beyond the factory gates.” In addition to protecting children’s rights, addressing this issue is crucial to preventing the most vulnerable from suffering as a result of technological advancements.

Historical Background

The beginning of child labour in India was mentioned in Kautilya’s Arthashastra, written in the 3rd century B.C. It details the existence of domestic slavery in many wealthy households, where slaves under the age of eight were known to work in noble homes. Children were typically assigned as apprentices to artists and craftspeople, and some crafts were entirely dependent on the work of children.

Even today, many children in our nation are employed in the carpet, cotton, and silk weaving businesses, which carry on the legacy. From an early age, children from agriculturist families began to work on the fields, becoming contributing members of their families and communities. For the repayment of debts, parents often force their children to work on the landlord’s fields at low wages, neglecting their duties towards the child.

The industrial revolution in England in the 18th century provided human history with a new chapter by altering the general economic and social structure. Until then, the worker’s identity was determined by whether he was an “adult” or a “child,” regardless of workplace. The Factories Act, 1881, regarding child labour laws was passed by the British government, including provisions such as age, working hours, holidays, and intervals for children working in factories and industries.

Post India’s independence, the acts and statutes provided by the Indian government with respect to child labour laws include:

• Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
• Mines Act, 1952
• Beedi and Cigar Workers Act, 1966
• Child Labour (Prohibition and Regulation) Act, 2016

In the era of technological advancement, a new form of child labour has emerged in society where parents and guardians are pressurising their children for economic benefits. Children are made to produce brand promotions and gaming streams, including long working hours. It has a great impact on a child’s education, health, and freedom by restricting their physical activities. Some parents push their children into television industries as child actors, prioritising fame and financial gain over the child’s well-being.

Research Problem

• Current laws do not explicitly define child influencers and broadcasters as “workers.”
• No legal measures exist to differentiate between oppressive, profit-driven parental control and healthy involvement.
• No set legal limit on “work hours” for digital jobs that interfere with schooling.
• Children’s profiles may not be protected due to the opaque nature of platform payouts and brand relationships.
• No mandated health risk assessment for children’s digital work.
• Without child-centric measures, biometric and behavioural data about children is collected.
• Children lack accessible channels to report coercion at home.
• Lack of permit mechanism to reconcile mandatory schooling with limited employment.
• Infringement of constitutional rights under Articles 14, 21, 21A, 23, 24, 39(e), and 39(f) of the Constitution of India.

Key Recommendations

1. Digital platform accountability: Direct gaming firms and platforms like YouTube, Instagram, and TikTok to check the age of the creator, verify parental consent, and eliminate exploitative content. Ensure children are protected and revenue is shared transparently.
2. Education and awareness: Raise awareness of digital exploitation among educators, parents, and kids. Include digital safety and worker rights in school curricula.
3. Explicit legal recognition: Amend the Child Labour (Prohibition and Regulation) Act, 2016 to include online entertainment, influencer marketing, and digital content production as labour when carried out under pressure or for financial benefit. Recognise “digital child labour” as a separate category.
4. Age-appropriate restrictions: Restrict children under 14 from using monetised online sites. Allow only limited, creative, non-commercial participation. Set screen time and work hour restrictions.
5. Psychological and social safeguards: Provide counselling and rehabilitation for digitally exploited children. Protect them from privacy invasions, cyberbullying, and loss of childhood due to commercialisation.
6. International best practices: Adopt measures from:
   • Children’s Online Privacy Protection Act (COPPA), USA
   • French law (2020) on earnings protection and safeguards for child influencers
   • ILO Guidelines on Children’s Rights in Digital Environments

Comparative Analysis

• France: Children working is prohibited by the French Labour Code, but exemptions exist for entertainment. Child influencers were added under Article L7124-1, requiring consent and notification for significant income or time spent in content creation.
• United States (California): The “Coogan Law” mandates that part of a child actor’s earnings be placed in a trust until adulthood. States like Illinois extend this to social media earnings, protecting minors’ digital income.
• India (NCPCR Guidelines, 2023): Guidelines for child and adolescent participation in entertainment now cover children creating social media content. However, their legal binding status remains uncertain, raising questions about enforcement.

Conclusion

A new business venture called “kidfluencing” enables parents to profit from their young children’s labour. However, this practice threatens children’s fundamental rights, including freedom from harm, economic exploitation, privacy, expression, and consent. Privacy and expression are particularly at risk, as kidfluencing often appears harmless but can lead to societal blindness. Parents, platforms, audiences, and society at large may overlook the exploitation, justifying it as merely recording children at play or work. Urgent legal, ethical, and social safeguards are needed to protect children in the digital age.