How parents can protect their talented child star

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No matter how talented or famous your child is, they are still a minor, and their rights should be upheld. PHOTO | SHUTTERSTOCK

A report by the Business Insider titled ‘Child Stars and How Fame Affected Them’ details how various minors suffered due to their stardom. One former child star, now an adult, says she suffered a lot of mental anguish from all the public scrutiny she received as a child.

She detailed an incident where grown-up photographers and journalists took photographs of her without consent. According to her, this left her scarred that she had to get therapy.

Another one details how she suffered mentally and emotionally from performance pressure from her parents. She was forced to work long hours and often got beaten up if she did not sing well. As a result of this pressure, she is a broken adult.

A child actor details the “body shaming “she went through as a child such that she was even denied food and snacks out of fear that she would grow fat. In another media report, a former child star speaks on how her parents commercialised her talents for their gain. She was a very talented singer whose music sold a lot. Despite her parents being her managers, she never got to enjoy any of the earnings, which were all gobbled up by her parents.

As an adult, she filed a lawsuit against her parents for mismanagement of funds. From the report I read, many child stars end up having severe mental and psychological issues as adults.

A video of a child comedian I saw doing rounds on social media, prompted me to write this column. I wondered if the parent had taken the necessary steps to protect and uphold their child’s legal rights before circulating their video on social media. I have a few tips for such parents.

Remember that no matter how talented or famous your child is, they are still a minor, and their rights should be upheld. The law considers the vulnerability of children and accords them with special rights.

Children do not have legal capacity under the law. This means they cannot enter into contracts or negotiate. However, an adult can act as a guardian in such commercial arrangements to protect their interests.

A guardian acts as a trustee in the best interest of the child and not in their selfish interests. When acting as a guardian for a talented child, always remember the primary interest is that of the minor. I recommend setting up a fund for the child and managing such a fund in the minor’s best interest. The fund is handed over to the child upon becoming an adult.

General child law should guide how a child star should be handled. For example, children have a right to protection from forced labour. The case I read of a child being forced by her parents to perform without remuneration sounded like forced labour. Under the law, you cannot force your child to monetise their talent for your gain. This is child abuse.

You cannot also punish your child for refusing to cash in on their talent as this borders on abuse. The law protects children from cyberbullying and abuse. Everyone who works with a child star should understand the minor’s rights.

Children have a right to data privacy and protection. Therefore, unlawfully taking a child’s photo or using it without consent is contrary to the law.

Ms Mputhia is founder of C Mputhia Advocates | [email protected]

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