A Bill for an Act
Page 1, Line 101Concerning protections for minors who are featured in
Page 1, Line 102digital content.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill creates new requirements and civil remedies beginning June 1, 2027, related to minors who are featured in compensated content on online hosting platforms (online content).
A minor is considered to be engaged in content creation work if, over a 12-month period, the following 3 criteria are met:
- At least 30% of a content creator's online content produced within a 30-day period includes the minor's likeness, name, or photograph;
- The number of views of the online content meets the online hosting platform's compensation threshold or the content creator receives $0.10 or more per view; and
- The content creator receives at least $15,000 in actual compensation from the online content.
- Proof of the minor's age;
- The total compensation generated; and
- The total number of minutes the minor was featured in posts featuring online content.
Content creators whose online content features a minor engaged in content creation work must maintain specific records, including:
A content creator shall compensate a minor engaged in content creation work by setting aside a portion of the gross earnings into a trust account for the minor until the minor reaches the age of majority or is declared emancipated.
An adult who was featured as a uniquely identifiable minor in a content creator's post featuring online content on or after the bill's effective date may request that the creator delete the post or remove the uniquely identifiable information. The content creator must comply with the request within 72 hours. If the content creator fails to comply after 30 days, the individual may sue for various types of relief, and the online hosting platform must review and take reasonable steps to remove the content unless certain exceptions apply.
The bill prohibits a person from financially benefiting from knowingly producing or distributing online content of a minor with the intent to sexually gratify or elicit a sexual response in the viewer. Exceptions apply for law enforcement, reporting unlawful activity, legal proceedings, and certain actions engaged in by online hosting platforms. Online hosting platforms are required to develop and implement a risk-based strategy to help mitigate risks related to the monetization of the intentional sexualization of known minors.
A civil action may be filed on behalf of a minor for damages, including actual damages, punitive damages, and attorney fees, if a content creator fails to comply with specified provisions of the bill.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add article 12.5 to
Page 2, Line 3title 8 as follows:
Page 2, Line 4ARTICLE 12.5
Page 3, Line 1Protection for Minors Featured in Digital Content
Page 3, Line 28-12.5-101. Definitions.
Page 3, Line 3As used in this article 12.5, unless the context otherwise
Page 3, Line 4requires:
Page 3, Line 5(1) "Bank" has the meaning set forth in section 11-101-401
Page 3, Line 6(5).
Page 3, Line 7(2) (a) "Content creator" means a parent or legal
Page 3, Line 8guardian who creates online content in exchange for
Page 3, Line 9compensation. Content creators include vloggers, podcasters,
Page 3, Line 10online influencers, and streamers.
Page 3, Line 11(b) "Content creator" does not include a minor who
Page 3, Line 12produces their own online content.
Page 3, Line 13(3) "Minor" means an individual under eighteen years old.
Page 3, Line 14(4) "Online content" means content in an audio, image, or
Page 3, Line 15video format shared on an online hosting platform in exchange
Page 3, Line 16for compensation.
Page 3, Line 17(5) "Online hosting platform" means a public or semipublic
Page 3, Line 18internet-based service or application that has account holders
Page 3, Line 19in Colorado and that meets the following criteria with respect
Page 3, Line 20to account holders:
Page 3, Line 21(a) The service or application connects account holders
Page 3, Line 22to allow them to interact with each other within the service or
Page 3, Line 23application;
Page 3, Line 24(b) The service or application permits public posting of
Page 3, Line 25account holder-generated content without visibility being
Page 3, Line 26limited to a particular social graph; and
Page 3, Line 27(c) The service or application permits interaction with
Page 4, Line 1other account holders' content outside a limited social graph,
Page 4, Line 2including content recommended from persons that the account
Page 4, Line 3holder does not follow.
Page 4, Line 4(6) "Social graph" means the list of persons that an
Page 4, Line 5account holder is connected to using a friending function or
Page 4, Line 6similar function on an online hosting platform. Subscribing to
Page 4, Line 7content from another account holder does not constitute a
Page 4, Line 8friending function.
Page 4, Line 9(7) "Trust company" has the meaning set forth in section
Page 4, Line 1011-109-101 (11).
Page 4, Line 11(8) "Uniquely identifiable" means that an individual,
Page 4, Line 12other than the individual submitting a privacy removal request,
Page 4, Line 13could identify the individual submitting the request as distinct
Page 4, Line 14from other individuals based on personal identifying
Page 4, Line 15information, including image, voice, name, or contact
Page 4, Line 16information.
Page 4, Line 178-12.5-102. Compensation for content creation - minors
Page 4, Line 18engaged in content creation - minor's own content creation - required
Page 4, Line 19records - trust account.
Page 4, Line 20(1) (a) Except as otherwise provided in this section, a minor
Page 4, Line 21is considered engaged in the work of content creation when the
Page 4, Line 22following criteria are met at any time during the previous
Page 4, Line 23twelve-month period:
Page 4, Line 24(I) At least thirty percent of the content creator's online
Page 4, Line 25content produced within a thirty-day period includes the
Page 4, Line 26likeness, name, or photograph of the minor. Online content
Page 4, Line 27percentage is measured by the percentage of time the likeness,
Page 5, Line 1name, or photograph of the minor visually appears or is the
Page 5, Line 2subject of an oral narrative in online content, as compared to
Page 5, Line 3the total length of time of the online content.
Page 5, Line 4(II) The number of views received per segment of online
Page 5, Line 5content on an online hosting platform meets the online hosting
Page 5, Line 6platform's threshold for the generation of compensation or the
Page 5, Line 7content creator receives actual compensation for online
Page 5, Line 8content equal to or greater than ten cents per view; and
Page 5, Line 9(III) The content creator receives actual compensation
Page 5, Line 10for online content in an amount of at least fifteen thousand
Page 5, Line 11dollars.
Page 5, Line 12(b) A minor who is fourteen years old or older may
Page 5, Line 13produce, create, and publish their own online content and is
Page 5, Line 14entitled to all compensation for their own content creation.
Page 5, Line 15(2) (a) All content creators whose online content
Page 5, Line 16features a minor engaged in the work of content creation as
Page 5, Line 17described in subsection (1)(a) of this section shall maintain the
Page 5, Line 18following records until the minor turns eighteen years old:
Page 5, Line 19(I) The name and documentary proof of the age at which
Page 5, Line 20the minor who is engaged in the work of content creation
Page 5, Line 21started online content creating;
Page 5, Line 22(II) The number of posts featuring online content that
Page 5, Line 23generated compensation during the reporting period;
Page 5, Line 24(III) The total number of minutes of the posts featuring
Page 5, Line 25online content that the content creator received compensation
Page 5, Line 26for during the reporting period;
Page 5, Line 27(IV) The total number of minutes the minor was featured
Page 6, Line 1in posts featuring online content during the reporting period;
Page 6, Line 2(V) The total compensation generated from posts
Page 6, Line 3featuring online content that feature the minor during the
Page 6, Line 4reporting period; and
Page 6, Line 5(VI) The amount deposited into the trust account for the
Page 6, Line 6benefit of the minor engaged in the work of content creation, as
Page 6, Line 7required by subsection (3) of this section.
Page 6, Line 8(b) The records required by this subsection (2) must be
Page 6, Line 9readily accessible to the minor for review. The content creator
Page 6, Line 10shall provide notice to the minor of the existence of the
Page 6, Line 11records.
Page 6, Line 12(c) If a content creator whose posts featuring online
Page 6, Line 13content feature a minor engaged in the work of content
Page 6, Line 14creation fails to maintain the records as provided in this
Page 6, Line 15subsection (2), a civil action in district court may be filed on
Page 6, Line 16behalf of the minor to enforce this section. The court may
Page 6, Line 17award a minor who prevails in an action brought in accordance
Page 6, Line 18with this section the following:
Page 6, Line 19(I) Injunctive relief;
Page 6, Line 20(II) Actual damages;
Page 6, Line 21(III) Punitive damages; and
Page 6, Line 22(IV) The costs of the action, including attorney fees and
Page 6, Line 23court costs.
Page 6, Line 24(3) (a) A content creator shall compensate a minor who is
Page 6, Line 25engaged in the work of content creation as described in
Page 6, Line 26subsection (1)(a) of this section by setting aside gross earnings
Page 6, Line 27on online content that includes the likeness, name, or
Page 7, Line 1photograph of the minor into a trust account to be preserved
Page 7, Line 2for the benefit of the minor upon reaching the age of majority or
Page 7, Line 3upon a declaration that the minor is emancipated. The gross
Page 7, Line 4earnings shall be set aside according to the following
Page 7, Line 5distribution:
Page 7, Line 6(I) If only one minor meets the online content threshold
Page 7, Line 7described in subsection (1)(a) of this section, the percentage of
Page 7, Line 8gross earnings on any online content that includes the likeness,
Page 7, Line 9name, or photograph of the minor that is equal to or greater
Page 7, Line 10than fifty percent of the online content that includes the minor,
Page 7, Line 11as described in subsection (1)(a) of this section; or
Page 7, Line 12(II) If more than one minor meets the content threshold
Page 7, Line 13described in subsection (1)(a) of this section and any segment of
Page 7, Line 14online content includes more than one of the minors, the
Page 7, Line 15percentage described in subsection (3)(a)(I) of this section for
Page 7, Line 16all minors in any segment shall be equally divided between the
Page 7, Line 17minors, regardless of differences in percentage of content
Page 7, Line 18provided by the individual minors, and paid into a separate trust
Page 7, Line 19account for each minor.
Page 7, Line 20(b) A content creator shall ensure that a trust account
Page 7, Line 21required under this section meets the following requirements:
Page 7, Line 22(I) The money in the account is made available only to the
Page 7, Line 23minor engaged in the work of content creation;
Page 7, Line 24(II) The trust account is held by a bank or trust company;
Page 7, Line 25(III) The money in the trust account will become available
Page 7, Line 26to the minor engaged in the work of content creation upon the
Page 7, Line 27minor turning eighteen years old or upon a declaration that the
Page 8, Line 1minor is emancipated; and
Page 8, Line 2(IV) The account meets the requirements of the
Page 8, Line 3"Colorado Uniform Transfers to Minors Act", article 50 of title
Page 8, Line 411.
Page 8, Line 5(c) If a content creator knowingly or recklessly violates
Page 8, Line 6this section, a civil action in district court may be filed on
Page 8, Line 7behalf of the minor to enforce this section. The court may
Page 8, Line 8award a minor who prevails in an action brought in accordance
Page 8, Line 9with this section the following:
Page 8, Line 10(I) Injunctive relief;
Page 8, Line 11(II) Actual damages;
Page 8, Line 12(III) Punitive damages; and
Page 8, Line 13(IV) The costs of the action, including attorney fees and
Page 8, Line 14court costs.
Page 8, Line 15(d) This section does not affect a right or remedy
Page 8, Line 16available under any other law of the state.
Page 8, Line 17(e) Nothing in this section shall be construed to affect a
Page 8, Line 18party that is neither the content creator nor the minor engaged
Page 8, Line 19in the work of content creation.
Page 8, Line 208-12.5-103. Privacy removals - private right of action.
Page 8, Line 21(1) An adult who was featured in a content creator's post
Page 8, Line 22featuring online content as a minor on or after the effective
Page 8, Line 23date of this section may request that the content creator
Page 8, Line 24delete the post from the online hosting platform or edit the post
Page 8, Line 25to remove the individual's private information if the individual
Page 8, Line 26is uniquely identifiable.
Page 8, Line 27(2) (a) An online hosting platform shall provide an easily
Page 9, Line 1accessible mechanism through which an individual can submit a
Page 9, Line 2request pursuant to subsection (1) of this section for the
Page 9, Line 3content creator to delete a post featuring online content from
Page 9, Line 4the online hosting platform or edit the post featuring online
Page 9, Line 5content to remove the individual's private information if the
Page 9, Line 6individual is uniquely identifiable.
Page 9, Line 7(b) An individual submitting a removal request pursuant
Page 9, Line 8to this section to an online hosting platform must include all
Page 9, Line 9information reasonably requested by the online hosting
Page 9, Line 10platform to identify the minor and the post featuring online
Page 9, Line 11content, including information to verify that the individual
Page 9, Line 12making the removal request is the individual featured in the
Page 9, Line 13online content.
Page 9, Line 14(c) An online hosting platform shall notify the
Page 9, Line 15responsible content creator within a reasonable time period
Page 9, Line 16after the submittal of a removal request, as set by the online
Page 9, Line 17hosting platform, which time period must not exceed thirty days.
Page 9, Line 18(d) A content creator shall delete a post featuring
Page 9, Line 19online content from an online hosting platform or edit the post
Page 9, Line 20to remove the individual's uniquely identifiable information
Page 9, Line 21within seventy-two hours after receiving notification of the
Page 9, Line 22removal request from the online hosting platform.
Page 9, Line 23(3) (a) If a content creator fails to comply with
Page 9, Line 24subsection (2)(d) of this section within thirty days after
Page 9, Line 25receiving the removal request, the individual who submitted the
Page 9, Line 26removal request may initiate a civil action in district court to
Page 9, Line 27enforce this section. The court may award an individual who
Page 10, Line 1prevails in an action brought in accordance with this section the
Page 10, Line 2following:
Page 10, Line 3(I) Injunctive relief;
Page 10, Line 4(II) Actual damages;
Page 10, Line 5(III) Punitive damages; and
Page 10, Line 6(IV) The costs of the action, including attorney fees and
Page 10, Line 7court costs.
Page 10, Line 8(b) If a content creator fails to comply with subsection
Page 10, Line 9(2)(d) of this section within thirty days after receiving the
Page 10, Line 10removal request, the online hosting platform shall review and
Page 10, Line 11take all reasonable steps to remove the online content from the
Page 10, Line 12online hosting platform unless:
Page 10, Line 13(I) The individual who was featured in the content
Page 10, Line 14creator's post as a minor does not submit sufficient, accurate
Page 10, Line 15information in the request to remove the content; or
Page 10, Line 16(II) The online hosting platform finds that the post
Page 10, Line 17featuring online content is sufficiently newsworthy or of other
Page 10, Line 18public interest to outweigh the privacy interests of the
Page 10, Line 19individual who was featured in the online content as a minor.
Page 10, Line 20(4) This section does not affect a right or remedy
Page 10, Line 21available under any other law of the state.
Page 10, Line 228-12.5-104. Intentional sexualization of minors featured in
Page 10, Line 23content creation - exceptions - private right of action - risk-based
Page 10, Line 24strategy.
Page 10, Line 25(1) Except as provided in subsection (2) of this section, a
Page 10, Line 26person shall not financially benefit from knowingly producing
Page 10, Line 27or distributing publicly, including by computer, online content
Page 11, Line 1of a minor with the intent to sexually gratify or elicit a sexual
Page 11, Line 2response in the viewer or another person.
Page 11, Line 3(2) (a) This section does not apply to:
Page 11, Line 4(I) Lawfully authorized investigative, protective, or
Page 11, Line 5intelligence activity of a law enforcement agency of the United
Page 11, Line 6States, a state, or a political subdivision of a state or of an
Page 11, Line 7intelligence agency of the United States;
Page 11, Line 8(II) An individual who, acting in good faith:
Page 11, Line 9(A) Reports unlawful activity; or
Page 11, Line 10(B) Acts in pursuance of a legal or professional or other
Page 11, Line 11lawful obligation;
Page 11, Line 12(III) A document production or filing associated with a
Page 11, Line 13legal proceeding; or
Page 11, Line 14(IV) An online hosting platform with regard to online
Page 11, Line 15content provided by content creators unless the online hosting
Page 11, Line 16platform intentionally solicits, or knowingly and
Page 11, Line 17predominantly distributes, such content.
Page 11, Line 18(b) This section shall not be construed to impose liability
Page 11, Line 19in a manner that is inconsistent with the federal
Page 11, Line 20"Communications Decency Act of 1996", 47 U.S.C. sec. 230.
Page 11, Line 21(3) (a) If a person violates or attempts or conspires to
Page 11, Line 22violate subsection (1) of this section, a civil action in district
Page 11, Line 23court may be filed on behalf of the minor aggrieved by the
Page 11, Line 24violation to enforce this section. The court may award a minor
Page 11, Line 25who prevails in an action brought in accordance with this
Page 11, Line 26section the following:
Page 11, Line 27(I) Actual damages;
Page 12, Line 1(II) Punitive damages; and
Page 12, Line 2(III) The costs of the action, including attorney fees and
Page 12, Line 3court costs.
Page 12, Line 4(b) This section does not affect a right or remedy
Page 12, Line 5available under any other law of the state.
Page 12, Line 6(4) (a) An online hosting platform shall develop and
Page 12, Line 7implement a risk-based strategy to help mitigate risks related
Page 12, Line 8to monetization of the intentional sexualization of known
Page 12, Line 9minors engaged in content creation.
Page 12, Line 10(b) An online hosting platform shall document and
Page 12, Line 11reassess the risk-based strategy developed pursuant to
Page 12, Line 12subsection (4)(a) of this section on a reasonable recurring basis
Page 12, Line 13and may include at the sole discretion of the online hosting
Page 12, Line 14platform commercially reasonable:
Page 12, Line 15(I) Policies that govern content and related
Page 12, Line 16monetization;
Page 12, Line 17(II) Restrictions of features on online content featuring
Page 12, Line 18minors;
Page 12, Line 19(III) Automated systems to identify and enforce against
Page 12, Line 20potentially problematic online content and accounts;
Page 12, Line 21(IV) Guardrails to mitigate against a recommendation
Page 12, Line 22system utilized by an online hosting platform recommending
Page 12, Line 23online content containing sexualization of known minors; and
Page 12, Line 24(V) Quality assurance processes recurring at reasonable
Page 12, Line 25intervals to ensure that the risk-based strategy developed
Page 12, Line 26pursuant to subsection (4)(a) of this section is working as
Page 12, Line 27intended.
Page 13, Line 1(c) An online hosting platform shall ensure that
Page 13, Line 2information about its online content policies, settings, and best
Page 13, Line 3practices for online content featuring minors is publicly
Page 13, Line 4available, understandable to both adults and minors, and
Page 13, Line 5informed by research and outside expertise. The information
Page 13, Line 6must inform content creators that they may be subject to
Page 13, Line 7various legal requirements and explain risks and steps to
Page 13, Line 8protect minors appearing in posts featuring online content from
Page 13, Line 9exploitation.
Page 13, Line 10SECTION 2. Act subject to petition - effective date -
Page 13, Line 11applicability. (1) This act takes effect June 1, 2027; except that, if a
Page 13, Line 12referendum petition is filed pursuant to section 1 (3) of article V of the
Page 13, Line 13state constitution against this act or an item, section, or part of this act
Page 13, Line 14within the ninety-day period after final adjournment of the general
Page 13, Line 15assembly, then the act, item, section, or part will not take effect unless
Page 13, Line 16approved by the people at the general election to be held in November
Page 13, Line 172026 and, in such case, will take effect June 1, 2027.
Page 13, Line 18(2) This act applies to conduct occurring on or after the applicable
Page 13, Line 19effective date of this act.