Read the full stored bill text
HB170 INTRODUCED
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HB170
L5C9VWA-1
By Representative Robbins
RFD: Children and Senior Advocacy
First Read: 13-Jan-26
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L5C9VWA-1 01/09/2026 GP (L)lg 2025-2897
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First Read: 13-Jan-26
SYNOPSIS:
This bill would require a parent or guardian to
establish a trust for a minor 18 years of age or
younger who is a performer or featured in social media
content, if certain thresholds relating to the amount
the minor is featured in the social media content and
the amount the content creator and minor are
compensated are met.
This bill would require each content creator to
regularly determine whether any minors featured in his
or her content qualify for compensation or the
establishment of a trust and, if so, notify the minor's
parent or guardian.
This bill would provide for the calculation of
compensation which must be transferred to a minor's
trust, the timeline for the transfer, and would require
transfers to the trust to comply with the Uniform
Transfers to Minors Act.
This bill would allow a content creator to
petition the court for an exemption to the requirements
of this bill, and would allow a court to grant the
exemption if complying with the bill would cause an
undue hardship and the content creator presents an
alternative plan that is in the best interest of the
minor.
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minor.
This bill would allow the minor's parent or
guardian to serve as the trustee of the trust, unless
the average monthly balance of the trust exceeds
$250,000, in which case the parent or guardian must
petition the court for the appointment of a trustee.
This bill would prohibit a minor's parent or
guardian from accessing the funds of the trust, and
require the beneficiary to be given access to the funds
on the day he or she turns 19 years of age.
This bill would require certain content creators
to maintain records relating to the earnings,
compensation, and trust transfers for minors featured
in their social media content.
This bill would create a cause of action for a
minor against a content creator, trustee, or parent or
guardian for failure to comply with the requirements of
this bill, provided that any such claims must be
brought not later than five years after the minor turns
19 years of age.
This bill would exempt represented minors who
maintain an employment contract with the content
creator from requirements relating to a trust.
This bill would require social media companies
to develop a procedure for individuals covered by this
bill, once they reach 19 years of age, to request that
content featuring them as a minor be deleted or edited
by the content creator.
This bill would allow such an individual to
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This bill would allow such an individual to
bring a cause of action against a content creator who
refuses to delete or edit social media content that
features the individual while he or she was a minor and
would provide factors that a court must consider when
determining whether to require the deletion or editing.
This bill would also not apply to represented
minors who maintain an employment contract with the
content creator.
A BILL
TO BE ENTITLED
AN ACT
Relating to consumer protection; to require a trust to
be established for certain minors who are performers or
featured in social media content; to provide for the
calculation of compensation which must be transferred to the
trust; to allow the parent or guardian of the minor to serve
as trustee, with exceptions; to create a cause of action for
an individual against another individual who fails to comply
with trust requirements, subject to a statute of limitation;
to require social media companies to develop a procedure for
individuals to request the deletion or editing of social media
content that features them as a minor; to create a cause of
action for an individual against a content creator who refuses
to delete or edit such content; to provide factors for a court
to consider when determining to require the deletion or
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to consider when determining to require the deletion or
editing of such content; and to exclude certain represented
minors.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For the purposes of this act, the following
terms have the following meanings:
(1) COMPENSATED CONTENT. Paid minutes that feature a
qualifying minor's personal content.
(2) CONTENT CREATOR. An individual who produces social
media content. The term does not include a minor who is the
sole producer of the minor's own social media content.
(3) CONTENT SHARE. The percentage of minutes of the
content creator's social media content that featured the
personal content of an individual other than the content
creator.
(4) EMOTIONAL HARM OR SUBSTANTIAL EMBARRASSMENT.
Psychological or emotional distress that a reasonable,
similarly situated individual would feel, resulting from the
individual's personal content appearing in a content creator's
social media content.
(5) INCOME FROM SOCIAL MEDIA. The net income a content
creator receives from creating social media content after
making reasonable deductions for administrative costs. The
term includes any income the content creator directly or
indirectly earns from social media content, including, but not
limited to, advertisement revenue, compensation from creator
funds, payments for brand partnerships, and money earned
through a subscription or tipping platform. For the purposes
of this subdivision, "administrative costs" includes
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of this subdivision, "administrative costs" includes
reasonable costs that a content creator incurs when making
social media content, such as expenses directly related to the
production of social media content and a social media service
fee, but does not include any income a content creator pays to
himself or herself.
(6) MINOR. An individual who is under 19 years of age.
(7) MINOR CONTENT EARNINGS. Any portion of income from
social media which resulted from paid minutes featuring a
qualifying minor.
(8) PAID MINUTES. The total number of minutes of social
media content that generates income from social media.
(9) PERFORMER. a. An individual who, either directly or
through a third party, does any of the following:
1. Renders artistic or creative services in a motion
picture, social media content, or a theatrical, radio, or
television production in exchange for compensation under an
employment contract.
2. Agrees to sell, lease, license, transfer, exchange,
or otherwise dispose of any of the following for the purpose
of use in motion pictures or theatrical, radio, or television
productions:
(i) Literary, musical, artistic, or dramatic
properties.
(ii) The use of the individual's name, likeness,
recording, or performance.
(iii) The story of or the incidents in the life of the
individual.
3. Appears in social media content as a market value
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3. Appears in social media content as a market value
compensated minor.
b. The term includes an individual who engages in an
activity described in subparagraphs 1. or 2. as an actor or
actress, a dancer, a musician, a stunt double, a writer, a
director, a producer, a choreographer, a composer, a
conductor, a designer, or a represented minor.
(10) PERSONAL CONTENT. Social media content that
features an individual's name, likeness, or photograph, or for
which an individual is the subject of an oral narrative.
(11) SOCIAL MEDIA COMPANY. An entity that owns or
operates a social media service.
(12) SOCIAL MEDIA CONTENT. Video content shared on a
social media service that meets the social media service's
threshold for the generation of income from social media.
(13) SOCIAL MEDIA SERVICE. a. A public website or
application that does all of the following:
1. Displays content that is primarily generated by
account holders and not by the social media company.
2. Permits an individual to register as an account
holder and create a profile that is made visible to the
general public or a set of other users as defined by the
account holder.
3. Makes available to each account holder a list or
lists of other account holders with whom the account holder
shares a connection within the system.
4. Allows account holders to post content viewable by
other users.
b. The term does not include email; cloud storage; or
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b. The term does not include email; cloud storage; or
document viewing, sharing, or collaboration services.
Section 2. (a) On the first day of each calendar month,
each content creator shall determine the content share for
each individual, other than the content creator, who was
featured in the content creator's social media content that
was published in the immediately preceding calendar month.
(b) For the purposes of implementing the requirements
of this act, the content creator shall use the content share
to classify minors who are featured in the content creator's
social media content as follows:
(1) As a market value compensated minor, if the minor
meets all of the following criteria:
a. In the preceding calendar year, has an average
monthly content share of at least 30 percent of a content
creator's content.
b. Is featured in social media content where the
content creator is the parent or guardian of the minor and
received at least one hundred fifty thousand dollars
($150,000) of income from social media in the preceding
calendar year.
c. Receives compensation for appearing in a content
creator's content which is substantially equivalent to the
compensation that similarly situated represented minors would
receive.
d. Is not represented in negotiations relating to the
minor's appearance in the content creator's content.
e. Is not a qualified minor or a represented minor.
(2) As a qualifying minor, if both of the following are
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(2) As a qualifying minor, if both of the following are
satisfied:
a. A content creator determines on January 1 of each
year, that in the immediately preceding calendar year, the
minor:
1. Had an average monthly content share of at least 30
percent of the content creator's content; and
2. Was featured in social media content where the
content creator received income from social media of at least
one hundred fifty thousand dollars ($150,000) in the calendar
year.
b. Is not a represented minor or market value
compensated minor.
(3) As a represented minor, if the minor meets all of
the following criteria:
a. In the preceding calendar year, has an average
monthly content share of at least 30 percent of a content
creator's content.
b. Is featured in social media content where the
content creator received income from social media of at least
one hundred fifty thousand dollars ($150,000) in the preceding
calendar year.
c. Is represented by a parent, guardian, attorney, or
other individual with fiduciary duty to the minor and who is
not the content creator in negotiations relating to a minor's
appearance in a content creator's social media content.
d. The minor's parent, guardian, attorney, or other
individual with a fiduciary duty to the minor enters into an
employment agreement with the content creator.
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employment agreement with the content creator.
Section 3. (a) As used in this section, the term
"employer," as it relates to a market value compensated minor,
means the market value compensated minor's parent or guardian.
(b) On or before January 31 of each calendar year, if
in the preceding calendar year a performer who is a minor
earned income of twenty thousand dollars ($20,000) or more,
the performer's parent or guardian shall:
(1) Establish a trust for the benefit of the performer
in accordance with Chapter 5A of Title 35, Code of Alabama
1975, unless such a trust is already established; and
(2) Unless the performer is a market value compensated
minor, notify the performer's employer of the existence of the
trust and any additional information required for the employer
to transfer gross earnings to the trust.
(c) The performer's parent or guardian may serve as the
trustee of the trust, subject to the following:
(1) If the average monthly balance of the trust exceeds
two hundred fifty thousand dollars ($250,000) for a
consecutive period of at least six months:
a. The trustee of the trust shall petition a court to
appoint a trustee to replace the parent or guardian as
trustee; and
b. After receiving a petition under this subdivision, a
court shall appoint a new trustee to replace the trustee.
(2) A performer's parent or guardian may not access the
funds in the trust.
(3) A beneficiary of a trust established under this
section may access the funds in the trust beginning the day on
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section may access the funds in the trust beginning the day on
which the beneficiary turns 19 years of age.
(d)(1) The employer of a performer who is a minor shall
transfer 15 percent of the performer's gross earnings into the
trust as follows:
a. If the performer's term of employment is 30 days or
fewer, not later than 30 days after the day on which the
minor's employment terminates.
b. If the performer's term of employment is more than
30 days, on the same date that the employer makes payments in
accordance with the employer's regular pay period.
(2) The performer's employer shall make the transfer
described in this subsection in accordance with Chapter 5A of
Title 35, Code of Alabama 1975.
(3) After the performer's employer completes the
transfer described in this subsection, the performer's
employer has no further obligations under this section.
(e)(1) Notwithstanding any other statute of limitation
or repose that may be applicable to an action described in
this section, an individual, for up to five years after the
day on which the individual turns 19 years of age, has a right
of action against all of the following:
a. An employer, if the employer fails to transfer funds
to the individual's trust as required under this section.
b. An individual's parent or guardian, if the
individual's parent or guardian fails to establish a trust as
required under this section or notify the individual's
employer of the existence of the trust as required under this
section.
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section.
c. The trustee of the individual's trust, if the
trustee failed to appoint a trust company to serve as trustee
of the trust as required under this section.
(2) If an individual brings a cause of action under
this subsection, a court may award any of the following:
a. Actual damages.
b. Punitive damages.
c. Reasonable costs and attorney fees.
d. Any other remedy provided by law.
Section 4. (a)(1) On January 1 of each year, each
content creator shall determine whether any portion of the
content creator's social media content during the preceding
calendar year contained a qualified minor.
(2) Not later than January 15 of each year, the content
creator shall inform each qualifying minor's parent or
guardian in writing that the minor is a qualifying minor and
of the amount of compensation the content creator is required
to pay to the qualifying minor in accordance with subsection
(d), unless the content creator is the qualified minor's
parent or guardian.
(3) If the total amount of compensation described in
subdivision (2) equals or exceeds twenty thousand dollars
($20,000) for the preceding calendar year, not later than
February 1 of each year, the qualifying minor's parent or
guardian shall do all of the following:
a. Establish a trust for the benefit of the qualifying
minor in accordance with Chapter 5A of Title 35, Code of
Alabama 1975, unless such a trust is already established.
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Alabama 1975, unless such a trust is already established.
b. Notify the content creator of the existence of the
trust.
c. Provide any additional information required for the
content creator to make transfers of gross earnings into the
trust.
(b)(1) A content creator that produces social media
content featuring a qualifying minor shall maintain a monthly
record of all of the following:
a. The content creator's income from social media.
b. The qualifying minor's name and documentation of the
qualifying minor's age.
c. The content creator's paid minutes.
d. The content earnings of any qualifying minor
featured in the content creator's social media content.
e. The compensated content of any qualifying minor
featured in the content creator's social media content.
f. The funds transferred into a trust for the benefit
of a qualifying minor, as described in subsection (d).
(2) The content creator shall:
a. Retain the records described in this subsection for
at least two years after the day on which the content creator
creates the records;
b. Provide notice to the qualifying minor of the
existence of the records; and
c. Make the records readily available to the minor for
review upon request from the qualifying minor.
(c) The qualifying minor's parent or guardian may serve
as the trustee of the trust, subject to the following:
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as the trustee of the trust, subject to the following:
(1) If the average monthly balance of the trust exceeds
two hundred fifty thousand dollars ($250,000) for a
consecutive period of at six least months:
a. The trustee of the trust shall petition a court to
appoint a trustee to replace the parent or guardian as
trustee; and
b. After receiving a petition under this subdivision, a
court shall appoint a new trustee to replace the trustee.
(2) The qualifying minor's parent or guardian may not
access the funds in the trust.
(3) A beneficiary of a trust established under this
section may access the funds of the trust beginning the day on
which the beneficiary turns 19 years of age.
(d)(1) If a content creator's content had minor content
earnings during the preceding month, the content creator shall
use the formula E = (A/T) * (Q/S) * (M/2) or the formula E =
(A/T) * (1/X) * (M/2) to determine how much of the earnings
must be transferred to each qualifying minor. For the purposes
of the formula, the following letters equal the following
amounts:
a. E = a qualifying minor's earnings.
b. A = all paid minutes featuring any qualifying minor.
c. T = total paid minutes.
d. Q = paid minutes featuring the qualifying minor.
e. S = the sum of paid minutes for all qualifying
minors.
f. M = the preceding month's income from social media.
g. X = the total number of qualifying minors.
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g. X = the total number of qualifying minors.
(2) The content creator shall transfer the minor's
earnings described in subdivision (1) directly to the
qualifying minor, except that after the qualifying minor's
parent or guardian establishes a trust as described in
subsection (a), the trustee shall transfer the qualifying
minor's earnings calculated to each qualifying minor's trust.
(e)(1) The content creator shall make a transfer
described in subsection (d) in accordance with Chapter 5A of
Title 35, Code of Alabama 1975.
(2) The content creator shall make the calculations and
the transfers described in subsection (d) before the end of
the month following the month in which the content creator
received minor content earnings.
(f)(1) A content creator may petition a court for an
exception to subsection (d) if all of the following apply:
a. The content creator shows that complying with
subsection (d) causes undue hardship.
b. The content creator provides an alternative plan to
distribute compensation to a qualifying minor.
c. The content creator commits to establishing an
alternative trust that complies with the requirements of this
section.
(2) A court shall issue an order granting an exception
to subsection (d) if the court determines both of the
following:
a. The content creator adequately shows that complying
with subsection (d) causes undue hardship.
b. The alternative plan provided by the content creator
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b. The alternative plan provided by the content creator
is in the best interest of the qualifying minor.
(g)(1) Notwithstanding any other statute of limitation
or repose that may be applicable to an action described in
this section, an individual, for up to five years after the
day on which the individual turns 19 years of age, has a right
of action against each of the following:
a. A content creator, if the content creator fails to
transfer funds to the individual's trust during the time the
individual was a qualifying minor as required under this
section.
b. The individual's parent or guardian, if the parent
or guardian fail to establish a trust as required under this
section or notify the content creator of the existence of the
trust as required under this section.
c. A trustee, if the trustee fails to appoint a trust
company to serve as the trustee as required under this
section.
(2) An individual retains a right of action under this
subsection only if a court did not issue an order granting an
exception as described in subsection (f).
(h) If an individual brings a cause of action under
subsection (g), a court may award any of the following:
(1) Actual damages.
(2) Punitive damages.
(3) Reasonable costs and attorney fees.
(4) Any other remedy provided by law.
(i) A minor who creates, produces, or publishes the
minor's own social media content is entitled to all
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minor's own social media content is entitled to all
compensation resulting from the social media content.
(j) The provisions of this section supersede any
agreement related to venue, arbitration, or mediation in a
contract entered into after the effective date of this act,
between a qualifying minor and a content creator.
Section 5. (a)(1) An individual who is at least 19
years of age may make a request to a social media company that
a content creator delete or edit any social media content that
the content creator posted featuring the individual as a
qualifying minor or a market value compensated minor. The
social media company may verify the age of the individual when
the individual submits the request.
(2) Each social media company shall provide a readily
apparent process for an individual to submit a request under
subdivision (1).
(3) An individual submitting a request under this
subsection shall include all information reasonably requested
by the social media company to identify the individual and the
social media content featuring the individual as a qualifying
minor or a market value compensated minor which the individual
requests to delete or edit.
(b)(1) A social media company shall inform the content
creator of a request under subsection (a) not later than three
business days after receipt of the request.
(2) Not later than ten business days after the content
creator receives the notice, the content creator shall either:
a. Delete or edit the social media content described in
the request.
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the request.
b. Notify the social media company of the content
creator's decision to not delete or edit the social media
content and the content creator's reason for not deleting or
editing the social media content.
(3) The social media company shall inform the
individual making the request of the content creator's
decision under this subsection not later than three business
days after the social media company receives notification from
the content creator.
(c)(1) Subject to subdivision (4), an individual who
was a qualifying minor or a market value compensated minor has
a right of action under this section against a content creator
if the content creator does not edit or delete social media
content that features the individual after being requested to
do so pursuant to subsection (a).
(2) If an individual brings an action in accordance
with subdivision (1), a court shall consider all of the
following:
a. Any emotional harm or substantial embarrassment the
social media content causes the individual.
b. The interests of the content creator in the social
media content.
c. The public interest served by the social media
content.
(3) If the court issues an order requiring the content
creator to delete or edit the social media content that is the
subject of the individual's request, the court shall award the
individual as follows:
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individual as follows:
a. If the content creator's social media content
featured the individual as a qualifying minor, actual damages
and reasonable costs and attorney fees.
b. If the content creator's social media content
featured the individual as a market value compensated minor,
actual damages that occurred after the day on which the
individual turned 19 years of age.
(4) An individual who was a market value compensated
minor may bring an action under this subsection up to three
years after the day on which the individual turns 19 years of
age or three years after the day on which the individual knew
or should have known that the social media content inflicted
emotional harm or substantial embarrassment, whichever is
later.
(d) The provisions of this section supersede any
agreement related to venue, arbitration, or mediation in a
contract entered into after the effective date of this act,
between an individual petitioning a court to edit or delete
the social media content and a social media service.
Section 6. This act shall become effective on October
1, 2026.
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