Under the Influence (with Jo Piazza) - October 22, 2024


Legislating Utah Mom Influencers, FINALLY!

Topics
Spicy Sex and Smart Ladies The Kids Are All Right With Gabrielle and Ben Blair

Episode Stats


Length

28 minutes

Words per minute

164.66

Word count

4,771

Sentence count

219

Harmful content

Misogyny

1

sentences flagged

Toxicity

1

sentences flagged

Hate speech

1

sentences flagged


Transcript

Transcript generated with Whisper (turbo).
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Toxicity classifications generated with s-nlp/roberta_toxicity_classifier .
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
Topics generated with Qwen2.5-3B-Instruct.
00:00:00.000 Hey, all. Joe here and you are listening to Under the Influence. We've got some breaking
00:00:13.200 news in the world of influence today, and I'm very psyched to have on our friend Fortessa
00:00:19.040 Latifi, who just wrote an incredible piece for the Washington Post about how Utah is
00:00:24.760 eyeing legal protections for the kids of influencers. Yeah, Utah. One of the state
00:00:32.420 representatives, Doug Owens, he's a Democrat, opened a discussion last week during an interim
00:00:38.400 session of the Utah legislature to gauge support of a potential bill overseeing how parents use
00:00:44.820 and profit from their children online. The hearing actually featured comments from Sherry
00:00:52.220 Frankie, Sherry Frankie, the eldest daughter of the former mom blogger Ruby Frankie, who was
00:00:59.160 arrested on child abuse charges in 2023. This is Sherry Frankie's first real foray into the
00:01:08.060 spotlight since her mom was arrested, and it certainly won't be her last. She recently announced
00:01:13.180 that she has a book coming out in January of 2025 called The House of My Mother. I'm just
00:01:19.660 going to predict right now that that is definitely going to be a bestseller. This particular legislation
00:01:25.660 would address the compensation of child influencers and dictate that a certain percentage of the
00:01:31.280 earnings from monetized content featuring their likeness be put into a trust that they can access
00:01:36.280 when they turn 18. As we all know, influencing is big business for parents. And if it's big
00:01:45.020 business for parents, then it should be big business for the kids who are appearing in
00:01:48.080 these videos. We say that all of the time. So here today to talk to us about all of it
00:01:55.000 is the writer of this piece for The Washington Post, friend of the show, Fortessa Latifi.
00:02:02.000 Hi Fortessa. Hi. How you doing? I'm doing well. How are you? I'm good. I'm good. I'm just blown
00:02:09.720 away because you did such incredible reporting on this Washington Post piece and you're a new mom
00:02:16.820 and you're just getting it you're getting it done and i want to say good work girl well thank you
00:02:22.780 because it doesn't feel like it's getting done so i appreciate that it never feels like it's
00:02:28.920 getting done and i will i will tell you that i still feel like a failure almost every day uh for
00:02:35.360 no for no rational reason okay no there is i i have to remind myself there's no rational reason
00:02:41.000 we are our own biggest critics and you're doing great thank you i'm learning that the feeling of
00:02:47.240 just like intense failure and guilt is just like part of being a mom it's just part of being a mom
00:02:53.240 apparently that no one wants to tell you about before you become a mom uh because then no one
00:02:58.960 would do it no one literally it's best that i didn't know this is coming it's best that you
00:03:04.960 didn't know it's best that you were in the dark um but welcome to the club now you know our secret
00:03:08.600 we'll be taking a blood oath after this podcast uh but first i want us to talk a little bit about
00:03:16.120 utah this is a big deal this is a big deal that utah is engaging in the debate over child
00:03:23.920 influencer rights because utah as we say all the time is a hotbed for parent influencers and now
00:03:31.160 it's finally eyeing legal protections for their kid talk to me about this story that you broke
00:03:36.780 in the washington post yeah so it's a really big deal like you said because there are so many
00:03:42.100 mom influencers in utah and we could do like an entire podcast series about why that is
00:03:49.000 um but the fact remains that there are so many so if there were protections in utah it would
00:03:54.980 actually like affect the industry in a way that might not in other states and then of course
00:03:59.780 the entire um ruby frankie i hesitate to call it a scandal i guess uh the case against ruby frankie
00:04:07.280 the case the mom influencer who was um accused and charged for child abuse and is now in jail
00:04:14.160 she was from utah so that really kind of like put a spotlight on the state it did it did and you
00:04:21.080 actually spoke to kevin frankie in this piece um how i mean this is this is a huge get huge
00:04:29.340 interview. How did you land this interview? Yeah. I mean, I've been talking to Kevin for a while
00:04:35.260 and we've been trying to figure out a way to work within the constraints that he has, which
00:04:42.580 obviously I can't say too much about that, but he is doing a lot of work in this space and I've
00:04:49.360 wanted to, you know, get him on the record and this was the perfect way to do it. And I, I mean,
00:04:56.000 And it was, yeah, like you said, it felt like a big get.
00:04:59.380 This is a big get.
00:05:00.400 This is a big get.
00:05:00.980 So what did Kevin have to say about possible restrictions actually being put in place in Utah?
00:05:08.340 Yeah, so he's a big advocate for it.
00:05:10.680 And I think it was really interesting to me because it's terrible for your family to be in the news for something as horrific as what happened to his kids.
00:05:21.960 And he said nobody wants the tragedies of their lives to be used as the justification for making social change.
00:05:27.760 But he went on to say that this feels a little bit like a work of redemption and a silver lining around these tragedies that have befallen his family.
00:05:37.140 So I think from from his perspective, it's like, well, this terrible thing happened, but maybe there's something that can come out of it.
00:05:45.220 Yeah. Yeah. I mean, that's that is one silver lining to this terrible, terrible situation.
00:05:51.460 to be honest. What kinds of regulations could Utah possibly put in place?
00:05:59.480 So the main thing that they're eyeing is the same thing that's been passed in Illinois,
00:06:04.260 Minnesota, and California, which would be something addressing the compensation factor.
00:06:09.100 So that would basically dictate that a certain percentage of the earnings from monetized content
00:06:13.160 featuring a child's likeness must be put into a trust that they can access when they turn 18.
00:06:18.240 So that's the big thing. But there's also I talked to state representative Doug Owens, who told me what he's hoping to get into this legislation.
00:06:26.900 And he is hoping that there might be like privacy constraints or that there's something that when the child reaches the age of 18, they can request that certain content be removed.
00:06:37.740 But we haven't seen that be passed in any other states. So that's definitely more of like an uphill climb.
00:06:43.340 But I think the compensation is the number one part.
00:06:46.480 Yeah. And I've talked to some people who say things like, why are they paying attention to the money? That's not enough. We need to regulate the actual content. And I actually think that paying attention to the money is incredibly smart because, you know, how we legislate what happens with money really does dictate people's behavior.
00:07:10.200 We live in a very intensely capitalist society. And so just by putting those initial monetary guardrails in place, I think it leads to different choices by these influencers. It just it just kind of makes them stop and think about it a little bit more, a little bit more mindfully.
00:07:30.620 it is a good first start. It is also the easier first start because it doesn't mean that they
00:07:36.200 have to deal directly with these social media companies who, frankly, have so many lobbyists
00:07:44.800 throwing so much money at different politicians that it's kind of impossible to infiltrate them
00:07:50.260 these days. Yeah, that's like it's kind of interesting because I talk to advocates in
00:07:55.280 this reporting and they're like, we need the social media companies on board. And I'm like,
00:07:59.000 Dude, like, in my mind, there's basically a point one percent chance that that would ever happen because technically nothing is impossible.
00:08:07.180 But like, for what reason would they get involved?
00:08:09.660 Like, they're making money like kid content does really well.
00:08:13.200 Like, for what reason would they like step up and say, like, no, actually, we don't want this billions of dollars.
00:08:18.500 Like, that's just not going to be it.
00:08:20.120 They're legit never doing this out of altruism.
00:08:23.420 OK, they're they're just not.
00:08:25.660 That's just not the way these companies operate.
00:08:28.860 They're completely beholden to their shareholders.
00:08:32.320 And we can make the argument, well, no, there are parents leading these companies.
00:08:36.740 Those parents don't let their kids have phones, okay?
00:08:39.660 These tech CEOs pay gazillions of dollars to send their kids to schools that are phone-free.
00:08:48.140 They put up the strictest guardrails because they know how bad this is, but they certainly have no problem.
00:08:58.000 with any of this impacting other people's children.
00:09:02.540 No. And I mean, I think about how like Mark Zuckerberg posts his kids with emojis over
00:09:06.900 their faces, you know, and like to me, sometimes I wonder if like this trend against posting kids
00:09:12.420 like or only posting them from the back or like with emojis on their faces. I wonder if there's
00:09:16.800 like a piece of like paranoia in there. And to be fair, like I'm one of those parents like I
00:09:22.540 haven't posted my daughter online. I haven't posted her name online. And I'm like still
00:09:26.200 trying to sort out exactly like why I feel that way and sometimes I wonder like am I being paranoid
00:09:31.280 but then I see like Mark Zuckerberg doing it and like obviously he's famous so it's like a different
00:09:36.260 calculus but I'm also like they know more than we know and they're not letting their kids have
00:09:41.620 phones or be on social media you know what I mean yeah yeah absolutely I don't think it's paranoid
00:09:46.860 I mean I think that it is a choice that every parent needs to make on their own but I don't
00:09:52.680 think that we can be too careful when it comes to what we're posting and you know that for me
00:10:00.220 that mostly boils down to pedophiles and ai yeah to be honest at the end of the day
00:10:06.220 uh but i will say like the other side of this is the fact that influencer children are being made
00:10:15.920 to work this is a job so of course they should be compensated and i want to dig into that a
00:10:22.280 little more when we get back from a quick break. Okay, we are back. We are back, you know, with
00:10:35.900 some breaking news about Utah. And again, Utah is the hotbed for momfluencing. This is where it all
00:10:43.080 began. This is where the Mormon mommy bloggers came from. And it's still most likely from my
00:10:51.320 qualitative research has the highest saturation of any state in the country of mom influencers
00:10:58.760 so i want to hear a little bit from you because you've been investigating this for a long time
00:11:05.500 you've been investigating you know the impact on child influencers of being included in their
00:11:11.380 parents content why do you think they deserve compensation i mean at the end of the day it's
00:11:17.180 labor, right? Like this is not, oh my God, I sound so silly, but like this is America. Like we
00:11:23.780 believe in people getting paid for their labor. You know, I guess we at least purport to believe
00:11:29.680 that. And like these kids are working. Like I think we're far past the time where people were
00:11:35.700 like, oh, being influencers, like this silly kind of thing that people do. Like even if you think
00:11:40.900 it's silly, like it is labor, it is work. These kids are working. And at the end of the day,
00:11:45.480 Like, they should be compensated for what is 100% labor.
00:11:50.980 Absolutely.
00:11:51.760 Absolutely.
00:11:52.580 And they should be compensated in a way that protects their future, too.
00:11:56.740 Because I think that putting children into your content when your content is making money for you, it, you know, it does something to their future.
00:12:08.540 And even Kevin Franke said this when you interviewed him.
00:12:11.820 He said, it's extremely hard for a child influencer to merge back into normal life after they've been a child influencer.
00:12:20.220 They begin to see the world differently.
00:12:21.860 It's very hard for them to come back from that.
00:12:24.280 His kids are a very particular example.
00:12:26.800 But I will say, you know, when your entire life has been filmed and put online, it is not dissimilar to child actors and child celebrities.
00:12:37.860 and there was an entire genre of television show from the 90s and 2000s talking about how
00:12:45.320 messed up those child celebrities were. Right. Right. And I actually think in a way it's I don't
00:12:51.460 know if I would say it's more difficult, but it's it's definitely different than being a child actor
00:12:55.600 in the way that at least like a child actor is famous for the character that they're playing.
00:13:01.500 Like, I don't know. I think about like Macaulay Culkin was famous for being in Home Alone. You
00:13:06.640 know what I mean? Like when he was a kid, we weren't like thinking about him as a person as
00:13:12.260 much as like his character. But like these kids, like they are their character. There's not that
00:13:17.540 like boundary. Their character is their life. You talked to Shannon Bird, a Utah-based mom
00:13:24.260 influencer who is supporting this legislation. And I was just struck by her explanation of how
00:13:32.980 much work these kids are doing she said these kids are full-on memorizing scripts for youtube
00:13:38.780 and i see parents buying ginormous mansions off the backs of the kids who are doing a hundred
00:13:45.740 percent of the work right right and that quote is really intense i know and it's interesting
00:13:54.280 because sometimes you wonder like okay is this like is everyone like fear about family vlogging
00:14:01.380 Like, is that actually what's happening behind the scenes? And then you talk to someone like Shannon Bird who, like, has been in those circles, and she's like, no, yeah, that's what's happening. That's what's happening. I mean, we also know that Sherry Frankie, the eldest Frankie child, has a book coming out in January called The House of My Mother.
00:14:22.520 and you know she she has this quote I don't come today as the daughter of a felon nor a victim of
00:14:29.780 an abnormally abusive mother I come today as a victim of family vlogging I mean and then she
00:14:39.660 goes on to say there is no such thing as a moral or ethical family vlogger I know it's it's quite
00:14:46.880 stark to like hear her put it like that and i mean who has more experience than her like very few
00:14:53.820 people and just to hear her say that in such a definitive manner you know oh my gosh i know i
00:14:59.560 mean her book is definitely going to be a bestseller i'm in full support of it we're going
00:15:02.680 to have to have her on the podcast obviously uh because yeah she she went on to explain some of
00:15:09.140 the work involved she said that her and her siblings were sometimes rewarded with a hundred
00:15:13.460 dollars if they filmed a particularly embarrassing moment i know i know i mean yeah yeah um and one
00:15:24.800 of those she said the time i was violently ill and got the leading role in the video that day
00:15:30.060 the camera never stops and there's no such thing as a break from filming right yeah i mean it's
00:15:38.540 just it's very intense to hear and I mean between Kevin and Sherry and hearing their experiences and
00:15:47.020 like the the guilt and frustration that Kevin feels with himself and the violation that Sherry
00:15:53.180 feels that she experienced I mean I do think that we have to listen to people who are in this
00:15:58.340 in this in this experience and that's not to say that every single family vlogging kid will feel
00:16:04.420 the same way that Sherry feels like. I want to make that very clear. I think there I mean,
00:16:08.700 I know that there are family vlog kids who are like, I love you, too. I'm going to be an
00:16:12.640 influencer in the future. And that's like also totally valid. But I do think we have to listen
00:16:17.820 when people are telling us what their experiences were. I completely agree. I completely agree. I
00:16:23.560 mean, we're not going to get rid of the world of family vlogging. I also don't think that we should.
00:16:27.980 I think that, you know, having family vlogging has opened up a lot of dialogues about different
00:16:34.620 kinds of families, about the labor that mothers do. There are good aspects of this, but like
00:16:41.600 everything, like everything, there are bad things too. And when money gets involved, people get
00:16:48.500 greedy. Yeah. Yeah. And especially this much money. I mean, it's just mind blowing like how much money
00:16:54.400 some of these families have made and are making like we're talking like millions of dollars a
00:16:58.980 year we're talking millions of dollars um and you know it is hard always hard to pinpoint
00:17:05.660 an exact number but what are some of the ranges that you hear people get paid from a single brand
00:17:13.060 or for a single video i mean some of these family vloggers like the the higher strata ones are
00:17:20.480 getting paid six figures for a single sponsored post yeah yeah which which is absolutely bananas
00:17:28.380 i just remembered actually i'm gonna have to send you um my new trad wife thriller everyone is lying
00:17:34.440 to you which is finished i mean i think i need to send it to you for fact checking i'm gonna get it
00:17:38.580 to you like as soon as we get off the call uh because that is the number that i used because
00:17:44.060 i mean yes i just there's things there's things that you should check in it and there's things
00:17:48.080 that you'll be like wow that's completely bananas because my mantra while writing this book was
00:17:52.620 make it more bananas yeah i mean that's the way to write a book i think that's the way to write
00:17:58.140 this book that is the way to write this book i also want to say that like this is not necessarily
00:18:03.720 anything new under the sun okay like since the beginning of reality television we've seen shows
00:18:09.600 like this like the doggers octomom john and kate plus eight and i was at the trashy celebrity
00:18:17.300 magazines covering the Goslins and covering covering their split and all the nastiness. I
00:18:23.600 mean, there was nothing good then either. Right. And I think what really blows my mind about this
00:18:30.440 is that there's like still no protections for reality TV kids. And now we have this kind of
00:18:37.540 new era of reality TV kids that are influencers and there's very few protections for them. And
00:18:43.160 It's just like, I don't know, it kind of bums you out how slow the law is to, like, catch up with the culture.
00:18:49.720 How slow the law is to catch up with the culture.
00:18:51.500 Have you read the comments on your story yet?
00:18:53.560 Because I read the comments on your story.
00:18:54.900 Yes.
00:18:56.580 I never read the comments on my own stories.
00:18:58.720 But it is interesting how much outrage is in the comments.
00:19:02.760 I mean, things like if people stopped watching these kinds of videos, the problem would go away.
00:19:07.480 If you watch them, please stop.
00:19:09.280 And I think it's more complicated than that.
00:19:11.820 I do, too.
00:19:13.160 first off, people aren't going to stop. So there's that. But also YouTube, Instagram, TikTok,
00:19:20.520 the algorithm pushes these kinds of videos. Okay. So people are rewarded for posting pictures and
00:19:30.020 videos of their children. They're rewarded for having another baby. There's really nothing more
00:19:35.520 lucrative to a mom influencer than getting pregnant and having another baby. Yet another 0.99
00:19:41.420 plot line that i wrote into everyone is lying to you um i've created a whole ai baby in this oh my
00:19:47.560 god i'm obsessed ai baby just yeah get ready for that people get ready for that um so i mean it
00:19:55.540 really is the whole tech technological industrial complex that that pushes all of this right yeah
00:20:03.020 totally i mean i think when i've been researching for my book i'm writing a book about family
00:20:08.640 vloggers and child influencers and the whole thing and i've talked to mom bloggers and they've told
00:20:14.820 me like not like what what you said nothing does better than pregnancy content nothing does better
00:20:20.200 than newborn content but it's funny because like around one one and a half that seems like when
00:20:25.640 people are like okay i'm over this kid and it's just like i don't i don't know it's it's just
00:20:32.740 crazy and you know that this is what does best content wise and then you kind of wonder like
00:20:39.280 why do so many family vlogging kids have so many family have so many kids you know because it's
00:20:45.420 because it's very lucrative it's very lucrative to be honest that that is indeed why so i want to
00:20:53.440 take one more quick break and when we get back i want to talk about where do we go from here how
00:20:57.040 do these how how are these laws actually going to get passed is there a real chance and what is the
00:21:02.240 landscape look like now? Sure. Okay, we're back. So Utah is eyeing this legislation. They're like
00:21:17.340 dipping their toe in the water. Yeah. What states actually have protections for the kids of
00:21:25.440 influencers. Yeah. So Illinois was first and then Minnesota was second. And just last month,
00:21:33.080 California became third, which is a big deal because obviously there are quite a few influencers
00:21:38.580 in California as well. Yeah, absolutely. Absolutely. California is a huge deal. I mean,
00:21:42.780 also because, you know, it is the center of the entertainment universe. Right. And what do those
00:21:52.280 laws look like what do they actually do yeah so they are focused on the monetary protection so
00:21:59.740 each of them have like a slightly different percentage but it's basically saying if your
00:22:04.100 kid is in this percentage of your content that's monetized then they are owed this many cents on
00:22:10.640 the dollar for each dollar that you make so it's they're all kind of modeled after california's
00:22:15.740 landmark coogan law which is the law to protect the um the money and profits of child actors
00:22:21.700 So that's kind of the starting point. So that's kind of where Utah is is headed or they're trying to be headed. But there's like six or seven other states that are additionally like considering legislation like this.
00:22:35.980 And at first, I think Illinois passing the first law was huge because like someone has to break the boundary and they did it.
00:22:44.700 And then Minnesota followed. And then for California to do it, like you said, as like the center of the entertainment industry, like that's a huge deal.
00:22:52.120 So I do think there's a sense of momentum here.
00:22:55.960 I do, too. I do, too. Absolutely.
00:22:57.940 And I think that more and more people are paying attention to this now, mostly, too, because even though your commenter was like, stop watching the videos, people aren't going to stop watching them.
00:23:09.060 And so I think these laws also make people feel better about watching them.
00:23:12.000 They're like, well, those kids are being paid.
00:23:14.560 Yeah, totally.
00:23:15.880 And it's nice to feel moral.
00:23:18.140 It's nice to feel moral.
00:23:19.400 People like to feel moral and ethical.
00:23:21.800 They really do.
00:23:22.720 They really do.
00:23:23.160 But do you think that this will dampen influencing content in any of these states? Do you think people, I mean, much like we could possibly move if we don't agree with abortion laws in a particular state, will people and influencers move out of these states if they have to conform to strict legislation?
00:23:43.300 you know that's that's like comments that i've seen everywhere about these stories is like oh
00:23:49.580 you're about to see an exodus from utah and from california and like i don't know i guess it's
00:23:54.220 possible i think it's unlikely um i think that they will also see that there's a sense of momentum
00:24:01.680 here and you can't just kind of like keep moving states like as as last year i mean i guess you
00:24:07.060 could. But I doubt it. I doubt it. But I mean, I'm I'm going to stay tuned. We'll stay tuned.
00:24:13.900 I mean, to be honest, the number of people who actually move based off legislation is quite
00:24:19.960 small, even intensely restrictive legislation, except for tax laws, to be honest, except for
00:24:27.760 tax laws. That's why everyone goes to Texas. That's why everyone goes to Texas. I would love
00:24:32.440 get to Texas, to be honest. I am so happy that you got this story out there. What are you working
00:24:40.600 on next? Like, what else are you pursuing right now? Oh, my gosh. Just like every angle that you
00:24:46.360 could think of related to this. And if anyone wants to tell me anything or start a conversation,
00:24:52.680 you can find me online anywhere at Hi Fortessa, H-I-F-O-R-T-E-S-A. And I want to talk to you.
00:25:00.140 yes seriously seriously reach out um where are you at with your book process oh my gosh i am
00:25:07.980 almost i'm six weeks away from the deadline of the draft so okay okay i'm i'm fully in it
00:25:16.120 you're fully in it you are fully in it okay well you know what just get the first draft done that's
00:25:22.420 all you have to do right now nothing else just just you know get it on paper and then you can
00:25:27.280 fix it later. Yes, that is the plan. So I have the word counts every day. I'm sitting down. I'm
00:25:32.800 just, you know, yeah, we're doing our best. We can all only do our best. What is your word count
00:25:38.600 every day? Right now, just based on what I need to get to the end, it's like around 1200, which
00:25:45.460 is like totally doable. 1200 is very doable. When I was doing Everyone is Lying to You, I was doing
00:25:53.220 a hot 2400 a day oh my god which is ass kicking it's really ass kicking but it's because i wanted
00:26:01.280 the book to come out so fast and it's coming out july 1 uh and i wrote it in august so it you are 0.91
00:26:07.240 a machine i'm a machine there's something wrong with me but i um yeah just there's something
00:26:13.360 wrong with my brain but yeah 2400 really and right now i'm doing a thousand i'm like this is nothing
00:26:17.780 yeah actually this is like a walk in the park it's really it's like a legit a walk in the park
00:26:22.600 um and i always tell people i'm like it doesn't matter if the words are good they're on the page
00:26:27.220 perfect as the enemy have done totally that that is my motto right now i have one last question
00:26:34.120 for you kevin franke and i know there's a lot you can't tell us but what is he doing now is he with
00:26:40.860 his children you know i'm not entirely sure um he has a relationship with at least some of them
00:26:51.340 i'm not sure like legally where the younger children who were like caught up in the child
00:26:57.480 abuse case like where they stand um it's just it's just a terrible story it's a terrible story
00:27:04.640 it's a terrible story um like i said i'm happy that sherry is speaking out about it uh mostly
00:27:12.540 because she really just deserves to have her voice heard more than anything else yeah
00:27:18.700 this was so great keep me posted i want you on every time that you break some news
00:27:24.080 thank you and good luck with the deadline and good luck with the baby thank you we'll talk soon
00:27:29.380 bye bye and that is all we have for today thanks so much for being here if you love this show
00:27:36.040 share it with a friend we have so many more fascinating breaking news stories coming up
00:27:41.160 as well as new deep dives into different breeds of influencers i'm very psyched to get into the
00:27:47.580 disney influencers it's an influencer space i've been dying to get into for a while now
00:27:53.400 and now we're doing it now we're doing it we're going to the happiest place on earth
00:27:58.480 go have a great day do something nice for yourself you deserve it
00:28:28.480 Thank you.