Rules and ethics
Part of Safeguarding checks for child influencers: England licences and records for family brands
Safeguarding checks for child influencers: England licences and records for family brands
England child performance licences, chaperone approval, UK GDPR duties for children's data and the four records a family brand should hold before filming.
What to take away
- In England a child under 16 in a recorded performance generally needs a licence from the local authority for the child's home area.
- No content regulator polices creator videos the way Ofcom polices broadcasters, so the checks fall to the family and the paying brand.
- Children's images and routines are personal data, and the UK age for consent to information society services is 13.
- Keep four records before filminglicence, chaperone approval, data note and agreed ad label.
Where UK safeguarding rules bite for family content
A broadcaster shooting with a child answers to Ofcom for how that child is treated. A creator publishing to YouTube, Instagram or TikTok answers to no equivalent content regulator. The duty does not disappear: it lands on the family and on the brand paying for the post.
England's statutory safeguarding guidance, Working together to safeguard children, defines abuse and the multi-agency duty to act on concerns. It is written for councils, health and police rather than for brands, but it is the standard a family-content risk assessment should match.
Vetting a family creator is not the same task as vetting a solo adult, because someone who cannot sign the contract appears in the frame. A parenting influencer vetting checklist should cover the child's role, the footage rights and who can ask for a video to come down.
Child performance licences: the position in England
In England, a child under 16 who takes part in a performance, including one recorded for broadcast or public exhibition, generally needs a licence. The Children and Young Persons Act 1933, read with the Children (Performances and Activities) (England) Regulations 2014, sets the framework. The application goes to the local authority for the child's home area, not the brand's.
Performance Licence Duties
Duty
- Performance licence
- Local authority
- Chaperone
- Licensed or approved parent
- Children's data
- Creator and brand
- Ad labelling
- Advertiser and creator
Who holds it
- Performance licence
- Reference, dates, hours
- Chaperone
- Name, approval reference
- Children's data
- Basis, retention, consent
- Ad labelling
- Agreed label wording
What to keep
- Performance licence
- Chaperone
- Children's data
- Ad labelling
Those regulations also cap working hours, require rest breaks and keep education going in term time. A licensed chaperone, or a parent approved by the local authority, must be with the child. Scotland, Wales and Northern Ireland run separate performance licensing rules, so an England licence is not a UK-wide answer.
Child performance licences
| Duty | Who holds it | What to keep |
|---|---|---|
| Child performance licence | Local authority for the child's home area | Licence reference, dates, approved hours |
| Chaperone | Licensed chaperone or approved parent | Name and approval reference |
| Children's data | Creator as controller, and the brand where it sets the purpose | Lawful basis, retention period, consent record |
| Ad labelling | Advertiser and creator | Label wording agreed before filming |
Data protection when a child appears
A child's face, voice and daily routine are personal data. UK GDPR asks for extra care with children's data, and the ICO's guidance on UK GDPR explains lawful bases, consent wording and the records a controller must keep. A paid shoot needs a documented basis, not a nod in a group chat.
In the UK, a child can consent to information society services from 13, an age set by the Data Protection Act 2018. Below that, consent comes from whoever holds parental responsibility, and children can still make their own access or erasure requests. A family that pulls a video should expect the brand to stop using the clips too.
Five checks before the shoot
The contract should name an owner for each check. Our guide to parenting influencer contract clauses sets out where they belong.
Five Checks Before the Shoot
- Licence reference before anyone signs
- Chaperone confirmed in writing
- Start, finish, breaks, education time fixed
- Data position documented
- Ad label agreed before filming
- Ask for the licence reference before anyone signs. If the local authority has not issued one, the shoot waits.
- Confirm the chaperone in writing, and file the approval reference with the call sheet.
- Fix start and finish times, breaks and education time, then give them to every adult on set.
- Document the data positionlawful basis, retention period and who deletes the raw files.
- Agree the ad label before filming. A paid post featuring a child is still an ad, and the ASA guidance on recognising ads in social media shows what a clear label looks like.
Common questions
Do child influencer videos need a performance licence?
A licence is usually needed where a child under 16 appears in a recorded performance, subject to the exemptions in the regulations. Whether a paid social post counts as a performance is not settled in every case, so ask the local authority early. The issuing authority is the one for the child's home area.
Who carries the duty if a child is filmed without a licence?
The duty sits with whoever arranges the performance, which is normally the parent or the producer. A brand rarely holds the licence, but it holds the contract, the published post and the reputational risk.
Does UK GDPR apply to a family vlog?
Where the family publishes commercially, or a brand processes the footage, children's data is in scope. Purely personal or household activity can fall outside UK GDPR, so ask which basis is being relied on and record the answer.
What should a brand hold on file before filming a child?
Four items: the licence reference, the chaperone approval, the data note and the agreed ad label. If one is missing, move the shoot rather than accept a promise.
