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The Digital Personal Data Protection (DPDP) Act, which aims to protect personal data and privacy, includes a provision specifically safeguarding minors by requiring parental consent for children under 18 to access social media platforms. This rule could have a significant impact on the influencer marketing industry, particularly in the realm of kidfluencers, potentially disrupting the seamless collaborations between young creators and brands.
For many young creators, their parents act as managers, overseeing contracts and brand deals. However, the new regulations impose additional responsibilities, requiring these parents to navigate complex compliance procedures.
Rule 10 of the act, which mandates Verifiable Parental Consent (VPC) for a minor's data, has raised a few eyebrows. According to the Internet Freedom Foundation (IFF), the DPDP Rules are "too little, too vague and too late" and the provision is riddled with implementation challenges. "The rule does not establish internet-wide age gating; only users identifying as minors need VPC," the IFF notes.
"However, if the government mandates age verification instead of self-declaration, it could result in mass surveillance. Linking government IDs to online activity would not only violate principles of data minimisation but could also lead to prolonged data storage and over-collection."
Meanwhile, the government’s focus on protecting minors is fueled by alarming statistics. A Ministry of Home Affairs (MHA) report revealed that, from August 2019 to March 2024, the National Cybercrime Reporting Portal documented 38,58,971 cases of cybercrime. Among these, 1,65,953 reports related to child-specific offences such as pornography and rape. Instagram, a predominantly visual platform, which is popular among young audiences, was identified as the third most common medium for cybercrimes.
In response to rising safety concerns last year, Instagram introduced Teen Accounts. These accounts automatically place users under 16 into private profiles equipped with safeguards like restricted messaging, time limits, and anti-bullying filters. Teens can only be tagged or contacted by followers, and their exposure to sensitive content is minimised.
Features such as Sleep Mode, which mutes notifications between 10 pm and 7 am, aim to foster healthier online habits for young users.
The DPDP Act has also sparked questions about its legal compatibility with existing laws concerning minors. Rohit Jain, Managing Partner at Singhania & Co. law firm, emphasises that Indian law does not recognise minors as legally competent to enter contracts.
"In the case of Raj Rani v. Prem Adib, the Bombay High Court held that service contracts with minors are void, even if signed by their guardians. A guardian cannot contract ‘on behalf’ of a minor due to the law of agency. Then how can a parent or guardian legally consent to children accessing social media platforms? This fundamental contradiction poses significant challenges under the DPDP Act."
Concerns over surveillance further complicate the issue. The IFF has warned that mandatory age verification could pave the way for mass surveillance, linking government IDs to every user’s online activity.
Rohit acknowledges this risk, saying, "While the concerns do hold merit, with the implementation of Aadhaar and everything being directed to be linked with Aadhaar, realistically there isn’t any additional risk of mass surveillance than what already exists. With the recent news about a panipuri vendor receiving a GST notice, citizens must be mentally prepared that anything and everything they put in the digital world is under surveillance. It’s quite unfortunate, but there is a blatant mockery of an individual’s privacy."
The government has invited public feedback on the DPDP draft rules, setting a deadline of February 18. However, stakeholders like advertisers and e-commerce platforms feel the window is too short to provide meaningful input.
To this, Rohit comments, "The rules have been released now; however, the DPDP Act has been in the public domain for a long time. The major obligations lie with the data fiduciaries. Based on his client experience, Rohit also told exchange4media that the data fiduciaries have been planning for implementation. Regarding the interpretation challenges, he said, 'Like any other statute, it will organically evolve, even after the February 18 deadline.'"
When it comes to implementing rules while working with kidfluencers, Karthik Srinivasan, a communications strategy consultant, highlights the need for extra caution. "Brands will typically work with parents when it comes to kidfluencers. Even if the parents agree, brands must ensure that their engagement with the children is not exploitative. The approach should be empathetic—brands should ask themselves, ‘Would I do this with my own child?’ If the answer is no, they should reconsider working with the child influencer," he says.
For instance, Zara Zyanna, a 5-year-old content creator who recently gained widespread attention after appearing with Varun Dhawan in the Bollywood movie Baby John, has become a popular figure on Instagram with 1.1 million followers. To date, Zara has partnered with over 200 brands, including Tanishq, Pears India, FirstCry, Cetaphil, SlurrpFarm, and Superbottoms.
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Her mother, Shanthu, a teacher by profession, shared insights into how she manages her child's social media presence and works with various brands.
“We’ve turned down several prominent brands because their content didn’t align with our values. Our top priority is always the family’s comfort, privacy, and most importantly, the child’s well-being. The guiding principle in everything we do is ‘Our kid over everything,’” Shanthu explained.
“When working with brands, we make it a point to avoid content that feels forced or inappropriate, such as dubbing movie lines, following adult trends, or using songs with inappropriate language. Instead, we focus on creating organic and genuine content—candid, unscripted moments featuring fashion styling and reviews, all captured by family members, with no professional photographers or videographers involved,” she added.
For kidfluencers, their parents and brands, the act represents a new era of compliance and oversight. While the goal of protecting minors is crucial, the implementation must balance safeguarding children with enabling their participation in the digital economy. As the industry grapples with these changes, the long-term impact of the DPDP Act will depend on how effectively it addresses the concerns of stakeholders while ensuring the safety and privacy of young users.
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