
Utah adds protections for child influencers following YouTuber Ruby Franke's child abuse conviction
Gov. Spencer Cox signed a law under the encouragement of Franke's now ex-husband that gives adults a path to scrub from all platforms the digital content they were featured in as minors and requires parents to set aside money for kids featured in content. Kevin Franke told lawmakers in February that he wished he had never let his ex-wife post their children's lives online and use them for profit.
'Children cannot give informed consent to be filmed on social media, period,' he said. 'Vlogging my family, putting my children into public social media, was wrong, and I regret it every day.'
The Frankes launched the now-defunct '8 Passengers' channel on YouTube in 2015 and began chronicling daily life as a seemingly tight-knit Mormon family in Springville, Utah. With its large nuclear families and religious lifestyles, the state is a hotbed for the lucrative family blogging industry. The reality show 'The Secret Lives of Mormon Wives' brought widespread attention to a group of Utah-based Mormon moms and TikTok creators known as 'MomTok' who create videos about their families and faith.
The content-creation industry is largely unregulated, but several states have added certain safeguards in recent years. Illinois, California and Minnesota have enacted laws protecting the earnings of young creators, and Minnesota's law includes a similar provision to Utah's that allows content featuring minors to be taken down.
Son's escape from home leads to investigation
The Franke children were featured prominently in videos posted up to five times a week to an audience of 2.5 million in 2010. Two years later, Ruby Franke stopped posting to the family channel and began creating parenting content with therapist Jodi Hildebrandt, who encouraged her to cut contact with Kevin Franke and move her two youngest children into Hildebrandt's southern Utah home.
The women were arrested on child abuse charges after Ruby Franke's emaciated 12-year-old son Russell escaped through a window and knocked on a neighbor's door. The neighbors noticed his ankles wrapped in bloody duct tape and called 911. Officers then found 9-year-old Eve, the youngest Franke child, sitting cross-legged in a dark closet in Hildebrandt's house with her hair buzzed off.
The women were each sentenced to up to 30 years in prison.
In handwritten journal entries, Ruby Franke insists repeatedly that her son is possessed by the devil and describes months of daily abuse that included starving her children and forcing them to work for hours in the summer heat without protection. The boy told investigators that Hildebrandt had used rope to bind his limbs to weights on the ground and dressed his wounds with cayenne pepper and honey, according to the police report.
Hoping to strike 'content gold'
In a memoir published after her mother's arrest, Shari, the eldest child, described how Ruby Franke's obsession with 'striking content gold' and chasing views led her to view her children as employees who needed to be disciplined, rather than children who needed to be loved. Shari wrote that her mother directed the children 'like a Hollywood producer' and subjected them to constant video surveillance. She has called herself a 'victim of family vlogging' and alluded in her book to early signs of abuse from her mother, including being slapped for disobedience when the now 22-year-old was 6.
Under the Utah law, online creators who make more than $150,000 a year from content featuring children will be required to set aside 15% of those earnings into a trust fund that the kids can access when they turn 18. Parents of child actors appearing in TV or film projects will also be required to place a portion of their earnings in a trust.
As the Utah Legislature was considering the measure, a new Hulu documentary titled 'Devil in the Family: The Fall of Ruby Franke' reignited interest in the case.
At a hearing last month, Kevin Franke read statements in support of the bill written by two of his daughters, ages 16 and 11. He filed for divorce shortly after his wife's arrest and petitioned to regain custody of his children from the state. His lawyer, Randy Kester, did not respond to email and phone messages over the past week seeking to confirm whether Kevin Franke had regained custody in the sealed case.
Eve Franke, the youngest child who police found emaciated with her head shaved, wrote in a statement to lawmakers that they had power to protect other kids from exploitation.
'I'm not saying YouTube is a bad thing. Sometimes it brings us together,' she wrote. 'But kids deserve to be loved, not used by the ones that are supposed to love them the most.'
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