Utah Enacts Law to Protect Children of Social Media Influencers After Ruby Franke Case

SALT LAKE CITY — Following the conviction of Ruby Franke, a mother who shared parenting advice with millions on YouTube before being arrested for child abuse in 2023, Utah has enacted new protections for children of online content creators.

Gov. Spencer Cox signed into law a bill, backed by Franke’s former husband, that allows adults to remove digital content featuring them as minors from online platforms. It also mandates that parents save a portion of earnings generated from content featuring their children. Kevin Franke expressed regret to lawmakers in February for allowing his ex-wife to exploit their children online for profit.

He stated, “Children cannot genuinely consent to being filmed for social media. Exposing my family and children on social media was a mistake I deeply regret.”

In 2015, the Frankes launched the now-defunct YouTube channel 8 Passengers, which documented their lives as a seemingly close-knit Mormon family in Springville, Utah. Utah, known for its large families and religious communities, is a hub for family blogging. The reality show The Secret Lives of Mormon Wives brought attention to Utah-based Mormon mothers and TikTok creators known as “MomTok,” who create content about their families and faith.

The content creation industry lacks extensive regulation, but several states have recently implemented safeguards. Illinois, California, and Minnesota have laws protecting the earnings of young creators. Minnesota’s law includes a provision similar to Utah’s, allowing for the removal of content featuring minors.

Son’s escape from home leads to investigation

The Franke children were regularly featured in videos, sometimes up to five times a week, reaching an audience of 2.5 million in 2010. Two years later, Ruby Franke shifted from the family channel to creating parenting content with Jodi Hildebrandt, who encouraged her to distance herself from Kevin Franke and move her two youngest children into Hildebrandt’s home in southern Utah.

The women were arrested on child abuse charges after Ruby Franke’s 12-year-old son, Russell, escaped and sought help from a neighbor. The neighbors noticed duct tape around his ankles and alerted authorities. Police discovered 9-year-old Eve, the youngest Franke child, in Hildebrandt’s home, confined to a dark closet with her head shaved.

The women each received sentences of up to 30 years in prison.

Ruby Franke’s journal entries detailed her belief that her son was possessed and described daily abuse, including starvation and forced labor in extreme heat. The boy reported to investigators that Hildebrandt had tied his limbs to weights and treated his wounds with cayenne pepper and honey, according to the police report.

Hoping to strike ‘content gold’

In a memoir published after her mother’s arrest, Shari, the eldest child, recounted how Ruby Franke’s pursuit of popular content led her to treat her children as employees needing discipline rather than children needing love. Shari described her mother directing the children “like a Hollywood producer” and subjecting them to constant surveillance. She identified herself as a “victim of family vlogging” and hinted at early signs of abuse, including being slapped for disobedience at age 6.

The Utah law mandates that online creators earning over $150,000 annually from content featuring children must allocate 15% of those earnings to a trust fund accessible to the children at age 18. Parents of child actors in TV or film projects must also place a portion of their earnings in a trust.

As the Utah Legislature considered the bill, a new Hulu documentary, Devil in the Family: The Fall of Ruby Franke, renewed interest in the case.

During a hearing last month, Kevin Franke presented statements in support of the bill written by two of his daughters, ages 16 and 11. He initiated divorce proceedings after his wife’s arrest and sought to regain custody of his children. His lawyer, Randy Kester, did not respond to inquiries about whether Kevin Franke had regained custody in the sealed case.

Eve Franke, the youngest child found emaciated, conveyed to lawmakers that they had the power to protect other children from exploitation.

“I’m not saying YouTube is a bad thing. Sometimes it brings us together,” she stated. “But kids deserve to be loved, not used by the ones that are supposed to love them the most.”