Dear PAO,
It has become a hobby for me and my six-year-old twins to create funny posts, reels, and videos on social media sites. What started as a fun family activity unexpectedly gained the attention of countless online users, and our following steadily grew. Over time, we accumulated a large number of followers, which enabled us to earn financial benefits from our social media contents. Last week, I received a proposal for product endorsements from a large and reputable company. However, the company manager asked me to secure a DOLE permit for my twins. May I know if it is necessary to secure a DOLE permit for my children to be able to create online contents?
Althessa
Dear Althessa,
Not every video featuring a child automatically requires a Department of Labor and Employment (DOLE) Child Work Permit. A distinction must be drawn between ordinary family videos uploaded merely for personal sharing and online content produced primarily for commercial or profit-generating purposes.
As a general rule, children who casually appear in personal family photographs or videos shared on social media are not considered working children. However, when a child’s participation becomes part of a revenue-generating activity, or when the child regularly appears in content that forms part of a social media influencer’s business, brand endorsements, sponsored advertisements, or other commercial ventures, the child may already be deemed a “working child” under Philippine labor laws. In such cases, a DOLE Child Work Permit may be required before the child may legally participate in the activity.
The principal law governing child employment is Republic Act (RA) 7610, otherwise known as the Special Protection of Children Against Abuse, Exploitation and Discrimination Act, as amended by RA 9231. The law generally prohibits the employment of children below fifteen (15) years of age, subject only to specific exceptions, thus:
Section 12. Employment of Children. — Children below fifteen (15) years of age shall not be employed except:
(1) When a child works directly under the sole responsibility of his or her parents or legal guardian, and only members of the child’s family are employed, subject to the conditions prescribed by law; or
(2) Where the child’s employment or participation in public entertainment or information through cinema, theater, radio, television, or other forms of media is essential, subject to the requirements provided by law.
In all of the foregoing exceptional cases, the employer shall first secure a work permit from the Department of Labor and Employment before engaging the child.
For purposes of this provision, the term “child” refers to any person below eighteen (18) years of age.
In recognition of the increasing employment of children, particularly in the entertainment industry, the DOLE, likewise, issued Department Order No. 65-04, otherwise known as the Rules and Regulations Implementing Republic Act No. 9231 Amending Republic Act No. 7610, on June 26, 2004. The said Order prescribes the rules governing the employment and working conditions of children and reiterates the requirement of obtaining a DOLE Child Work Permit before a child may legally engage in covered work activities.
Significantly, the same Order makes it clear that the phrase “public entertainment or information” is not limited to traditional media such as television, radio, cinema, or theater. Rather, it likewise extends to digital content created and disseminated through online platforms, including social media, where a child’s participation forms part of a commercial undertaking.
Accordingly, if you and your children appear as product endorsers, participate in sponsored online content, or create social media content geared to generate income, your children’s participation in such contents may already constitute child employment under Philippine law. Consequently, securing a DOLE Child Work Permit becomes a legal requirement and compliance with the aforesaid regulations on employing minors is mandatory.
We hope that we were able to answer your queries. This advice is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
