Rep. Ro Khanna’s new resolution proposes workforce protections for creators

Congress will delve into a new question this week: Do influencers need special labor protections?

An April report from the Interactive Advertising Bureau estimates that there are approximately 1.5 million full-time digital creators in the United States. It’s a growing profession, and California Democratic Congressman Ro Khanna told Business Insider he wants to help the profession feel more stable.

Progressive lawmakers on Thursday plan to introduce a House resolution, the Creator Bill of Rights, that would offer a series of policy recommendations to address the headaches associated with working as a TikTok or Instagram influencer.

“The segment of people who rely on content creation as part of the middle class is so large and growing that we need to make sure these jobs are good jobs,” Khanna said in an interview.

Mr. Khanna’s proposed resolution, like others in the House, is ambitious and would serve as a conversation starter rather than a change to existing law. He developed the program in collaboration with creators and industry advocates like Shira Lazar and Lisandra Vazquez.

Proposals ranging from AI to healthcare

Khanna is calling on Congress to consider new standards for digital platforms and creators.

What is required is for platforms to share clear and predictable revenue sharing terms with users. Some platforms, such as YouTube, are already good at this, while others have more opaque “creator funds” that result in unpredictable payouts.

The Bill of Rights advocates transparency for platforms regarding artificial intelligence and other synthetic media that can impact the lives of creators, a contentious issue in the creator industry.

Khanna also suggests making customer service appeals go more smoothly when a creator’s account is affected by a “platform action.” The change will be welcomed by influencers who find their accounts de-monetized by automated systems. Such policies may increase the cost of technology platforms.

And since creators are generally independent contractors not tied to a single employer, lawmakers want to give them access to portable benefits like health insurance and retirement plans.

Rebuilding the creator workforce may encounter obstacles

Khanna said some of the costs of his proposal, such as expanding health insurance for creators, would be covered by the government through a “Medicare for All”-style program, while other costs would come at additional costs for technology platforms.

That could spark a backlash from tech companies and some colleagues in Congress who oppose expanded government involvement in private business and health care.

Platforms like YouTube, which has paid out billions of dollars to creators through ad revenue sharing, may not be happy with the government’s new rules governing how they must approach paid talent.

Khanna said his colleagues “may not agree with every idea, but they will be willing to see if something can be done.”

Creators are playing a bigger role in politics

Khanna’s decision comes at a time when just under half of Gen Z say their “ideal career” includes being a professional content creator, according to a Morning Consult report in July.

The life of a digital creator may seem glamorous from the outside. You can get tons of freebies, get invited to all-expenses-paid influencer trips, and even set your own work hours.

This job also has its downsides.

Creators are typically self-employed, so they don’t receive workplace benefits such as health insurance subsidies. Platforms like TikTok and Instagram host content from millions of creators, which means they aren’t tailored to take into account the income stability of any particular user. A small adjustment to the algorithm can reduce or increase a creator’s traffic and revenue. As more money flows to megastars, the income gap among creators is widening.

For legislators who did not grow up with social media, the challenges of working in the industry can be lost.

Khanna said too many people in Congress think of TikTok as “that song and dance” app.

But some politicians have given the category more attention in recent months, especially after digital influencers play a larger role in campaigning in the 2024 election.

In June, Representative Yvette D. Clark of New York and Representative Beth Van Dine of Texas announced plans to launch the Congressional Creator Caucus to “bring the voices and perspectives of online content creators to the public policy arena.”

Other organizations outside of Washington, including the labor union SAG-AFTRA and the interest group The Creators Guild of America, are also focused on finding new ways to bring new labor protections to digital creators.

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