By Ifeoma Ben, LLM, MBA
Introduction
Social media has become part of childhood. Children watch videos, play games, follow creators, communicate with friends and, increasingly, create content themselves. Some even become influencers, with parents or managers building commercial brands around their online presence. While these opportunities can be positive, they also expose children to risks ranging from misuse of personal information and inappropriate content to cyberbullying and exploitative advertising.
For lawyers, this is becoming an important area of media and digital practice. Platforms, brands, schools, media companies and content creators increasingly need advice on how to engage with children online without compromising their privacy, safety or rights.
Children’s Data Requires Special Attention
One of the clearest legal issues is the collection and use of children’s personal data. Social media services and digital businesses may collect information ranging from names, photographs and locations to browsing behaviour and other information about how children use online services.
Nigeria’s Data Protection Act 2023 specifically addresses the processing of children’s personal data. Where processing is based on consent, a data controller is generally required to obtain the consent of a parent or legal guardian and to use appropriate mechanisms to verify age and consent, subject to the exceptions provided by the Act. The Act also contemplates further regulation concerning certain electronic services requested by children aged 13 and above.
This means that simply placing a privacy notice on a website or application may not be enough. Lawyers advising digital businesses should examine what information is collected from children, why it is required, how consent is obtained and how long the information is retained.
Harmful Content and Online Safety
Privacy is only one part of the problem. Children may encounter cyberbullying, scams, inappropriate material, harmful interactions or strangers online. The NCC itself identifies these as significant online risks and emphasises that keeping children safe is a shared responsibility involving parents, schools, technology companies and other stakeholders.
For businesses operating digital platforms, the legal conversation therefore extends to safety measures, reporting procedures, content moderation and appropriate responses when harmful activity is reported. Schools also have a role where digital platforms are used for learning or communication with pupils.
Lawyers can help these organisations develop child online safety policies, reporting procedures, acceptable use policies and internal processes for dealing with complaints. The objective should be to prevent harm rather than wait until an incident develops into litigation or a reputational crisis.
Advertising, Brands and Child Influencers
Another developing issue is the commercial relationship between children and brands. Children increasingly appear in sponsored videos, family content, advertisements and influencer campaigns. This creates questions about consent, the use of a child’s image, commercial exploitation, advertising standards and who controls income generated from the child’s content.
Brands working with young creators should therefore look beyond the size of an influencer’s audience. Contracts need to address parental or guardian involvement, permitted use of the child’s image and content, duration of campaigns, payment, privacy and the type of products being promoted.
Lawyers advising parents and creators can equally ensure that commercial arrangements protect the child rather than focusing solely on immediate revenue. As the creator economy develops, child influencer agreements could become an increasingly important aspect of media and entertainment practice.
Where Lawyers Come In
The legal opportunity in this area is broader than resolving disputes after something has gone wrong. Lawyers can help platforms design privacy and safety policies, advise brands before campaigns involving minors, review influencer agreements and guide schools on responsible use of digital platforms.
Media companies and content creators may also need advice before publishing material involving children, particularly where privacy, consent or commercial use of a child’s identity is involved. For businesses, early legal advice can reduce both regulatory exposure and reputational damage.
This is an area where knowledge of data protection, media law, advertising, contracts and child protection increasingly overlaps. A lawyer does not need to understand the technology behind every social media platform. What matters is recognising when the rights and interests of a child are affected and helping the client put appropriate safeguards in place.
Conclusion
Children will continue to participate in the digital world, whether as consumers, students, audiences or creators. The challenge is not to keep them away from technology, but to ensure that their participation is safe, responsible and respectful of their rights.
For lawyers, this creates a growing advisory role. As platforms, brands and creators increasingly seek younger audiences, legal practitioners who understand children’s privacy, online safety, advertising and digital content can help clients pursue commercial opportunities without losing sight of an important principle: when children are involved, their protection must remain central to the transaction.