How An Oklahoma Lawmaker’s Bill Aims To Protect Kids Featured In Digital Creators’ Content

The conversation around name, image, and likeness is often about college sports. However, NIL also plays a major role in another rising industry — online content creators. One state lawmaker wants to protect Oklahoma children featured in digital content. 

Meet Rep. Michelle McCane from Tulsa 

Rep. Michelle McCane spent 13 years as a Tulsa educator and now she represents Oklahomans as a newly elected House representative at the Oklahoma State Capitol. 

“I want to do the work that they expect me to do,” McCane said. 

McCane filed a bill to prioritize image rights for children 

One of McCane's first bills, House Bill 1016, would provide protections for children who appear in online content creators’ content. Illinois and California have similar laws in place. Minnesota just passed one too — which will go into effect next year. 

“As technology evolves, new industries are created, we’ve got to be responsive to that — including defining the language,” McCane said. 

McCane said online content creation jumped in popularity since the pandemic and children are often featured in the content produced by their parents and other adults. 

“This is very new, but this is still child labor,” McCane said. 

How Oklahoma compares to the nation 

Oklahoma Institute for Child Advocacy chief executive officer Joe Dorman said Oklahoma needs regulations to prevent adults from exploiting children. 

“Oklahoma is one of seventeen states that does not have any laws on the books that protect children from creative content that is generated by their parents,” McCane said. “If they’re going to generate money and become influencers something does need to be set aside for those children.” 

More control over digital content

If passed, McCane’s bill would also allow children 13 years or older, or an adult to request any content with their image be deleted from any online platform. 

“To me, this is a logical step,” McCane said. “I don’t think it’s a magic bullet for sure. When something’s put online it’s out there, but it does give some protections.” 

McCane said she hopes this bill elevates an important conversation about staying current with technology for a reason. 

“I want to be very proactive in the work that we do. I don’t want to be reactive to situations overall as state,” McCane said. “This is about protecting kids and so I think the bipartisan support is there.” 

How you can be part of the lawmaking process 

McCane wants feedback on her bill. Anyone with questions, experiences, or concerns about this topic can contact McCane’s office directly at (405) 557-7391.