CHILD MODELS IN COMMERCIAL PRODUCTIONS: LEGAL COMPLIANCE OVERVIEW

This article provides a practical overview of the legal framework, compliance requirements, and best practices that production companies, agencies, and brands must follow when working with minors.

Working with child models can bring authenticity, warmth, and relatability to a commercial production, but it also comes with significant legal responsibilities. Given the heightened level of legal protection afforded to children under South African law, the engagement of minors in any form of employment, particularly within the advertising and production industry, triggers a stringent regulatory regime.

Who Qualifies as a “Child”?

For purposes of employment law, a child is any person under the age of 15.

Applicable Framework

The employment of child models is governed by an interrelated body of legislation, which must be read holistically to ensure full compliance. The primary statutes include:

1. The Basic Conditions of Employment Act No. 75 of 1997;

2. The Children’s Act No. 38 of 2005;

3. The Occupational Health and Safety Act No. 85 of 1993;

4. The Protection of Personal Information Act No. 4 of 2013; and

5. The Films and Publications Act No. 65 of 1996.

In addition, the Minister of Employment and Labour has promulgated specific regulations under sections 44 and 45 of the BCEA, as well as section 43 of the Occupational Health and Safety Act, aimed specifically at safeguarding the health, safety, and well-being of child models. Employers are required to display a summary of these protections in a manner accessible to all workers, including child models and their guardians.

Contractual Requirements

Prior to the commencement of any work, a written contract of employment must be concluded with either the child’s parent, legal guardian, or a duly authorised agent. The contract must be comprehensive and must include, at a minimum, the following:

1. the full name and address of the employer;

2. the full name of the child, and a description of the work for which the child is employed;

3. date of birth of the child;

4. the place of work, and where the child is required or permitted to work at various places, details of each of the places;

5. the date on which employment commences;

6. the child’s hours and days of work;

7. the child’s remuneration or the rate and method of calculating payment;

8. any other cash payments that the child is entitled to;

9. any food or accommodation payment that the child is entitled to and the value of the food or accommodation;

10. any other payment in kind that the child is entitled to and the value of that payment;

11. how frequently remuneration will be paid;

12. any deductions to be made from the child’s wages;

13. the leave to which the child is entitled;

14. the period of notice required to terminate employment, or if employment is for a specified period, the date when employment is to terminate.

An employer is required to retain a copy of the employment contract for the duration of the child’s engagement and for a period of three (3) years thereafter. The contract must be duly signed by the child’s parent, legal guardian, or authorised agent, with the signatory clearly indicating the capacity in which they act. Any amendments to the terms of employment must be reduced to writing and formally endorsed by the relevant parties.

Remuneration and Payment

All remuneration must be paid directly to the child’s parent or legal guardian in South African currency, at agreed intervals. Detailed pay slips must be issued reflecting hours worked, remuneration, deductions (if any), and net payment.

Where payment is made in cash or by cheque, it must be:

• Delivered at the workplace;

• During working hours; and

• Provided in a sealed envelope addressed to the child.

Strict prohibitions apply. Employers may not:

• Charge for employment opportunities;

• Deduct costs for tools, clothing, food, or accommodation;

• Impose fines; or

• Require repayment except in limited circumstances (e.g. overpayment).

An employer may not require a child or a child’s parent, legal guardian or agent to purchase any goods from the employer or from any person, shop or other business nominated by the employer, nor can an employer levy a fine against a child. These provisions are designed to prevent exploitation and ensure transparency in all financial dealings concerning child models.

Working Hours and Conditions

The Sectoral Determination imposes strict limitations on working hours:

• Children over 10 years: maximum of 4 hours per day;

• Children 10 years and younger: maximum of 3 hours per day.

The total time spent at the workplace (including “call time”) is capped depending on age.

Rest Periods

An employer must give a child a rest break of at least 30 minutes:

1. after two hours of continuous work, in the case of children over ten years; and

2. after one and a half hours of continuous work, in the case of children aged ten years or younger.

If, due to the nature of the work, it is not practicable for a child to be granted a rest break in accordance with the above, the employer must give the child a rest break as soon as this is practicable.

Night Work

Any work between 22h00 and 05h00 is heavily regulated and may only occur under limited circumstances, subject to prior written parental consent and additional safeguards.

Welfare, Safety, and Working Environment

Employers are under a continuous duty to ensure that the child’s physical, emotional, and psychological well-being is protected at all times. This includes:

• Provision of a safe and hazard-free working environment;

• Continuous supervision;

• Access to appropriate rest areas and recreational facilities;

• Provision of nutritious food and refreshments;

• Ensuring the presence and accessibility of a parent, guardian, or child minder at all times.

Children must never be exposed to dangerous, harmful, or inappropriate conditions, nor subjected to undue stress or strain.

Food and Refreshments

An employer must ensure that the child is provided with nutritious food and drinks appropriate to the age of the child at all times, unless this is impracticable due to the nature of the performance. An employer must further ensure that a child has a separate meal area away from adults, other than the child’s parent, legal guardian or child minder.

Recreational Areas

During a call or casting, the employer must provide safe areas for a child to rest and play.

Transport and Accommodation

Unless otherwise agreed with the parent or legal guardian of the child, an employer must provide safe transport between the child’s home or accommodation and the workplace for the child and the child’s parent, legal guardian or child minder–

1. whenever the child is required to travel;

2. at the end of any workday; and

3. at the beginning and end of the child’s performance, if the child is performing night work or working away from home.

The employer must ensure that transport to the child’s home or accommodation is available at the end of a call/casting without delay. Where applicable, employers must provide safe and reliable transport to and from the workplace.

If overnight accommodation is required, such accommodation must:

• Be approved by the parent or guardian;

• Be safe, clean, and suitable;

• Be provided at no cost;

• Ensure that the child is accompanied by a parent, guardian, or child minder.

Caregivers must also have reasonable access to the child at all times and be allowed to accompany them to wardrobe, makeup, and related facilities. On set, they must remain within sight and sound of the child.

Permit Requirements

In terms of the BCEA, no child under the age of 15 may participate in a production without prior authorization. An application must be submitted to the Department of Employment and Labour using the prescribed Form SD 10.1. The application must include:

• Full production details (nature, location, duration);

• Details of each child participant;

• Written consent from parents/guardians;

• Proposed working hours and conditions.

No participation may commence until such permit has been granted.

Child Protection Considerations

In accordance with the Children’s Act, the best interests of the child remain paramount in all decisions. This requires that children are not exposed to exploitation or harm; that the working environment is age-appropriate; and all decisions are made with due regard to the child’s dignity, well-being, and developmental needs.

Media and Distribution

In terms of the Films and Publications Act, content featuring children may be subject to classification prior to distribution. Care must be taken to ensure that all content complies with applicable standards and does not infringe upon the rights or dignity of the child.

Practical Compliance Checklist

Prior to commencement of the production, the following must be ensured:

1. Submission and approval of all required permits (Form SD 10.1);

2. Preparation and execution of compliant employment contracts;

3. Confirmation of guardian attendance throughout the production;

4. Scheduling in accordance with permissible working hours;

5. Implementation of all health and safety measures;

6. Procurement of any necessary filming or location permits;

7. Obtaining school consent where applicable.

Conclusion

The engagement of child models in commercial productions is entirely permissible under South African law, but only within a framework of strict compliance. From permits and contracts to working conditions and safety measures, each requirement is designed to protect children from harm and exploitation. Non-compliance may result in serious regulatory and reputational consequences, including potential criminal liability.

A proactive and well-managed compliance approach is therefore essential. Not only does it protect the production, but it also ensures that young talent can participate in a safe, ethical, and legally compliant environment.

Definitions

“Agent” means a person authorised to act on behalf of a child in contractual relations with an employer;

“Basic Conditions of Employment Act” (“BCEA”) means the Basic Conditions of Employment Act No. 75 of 1997;

“Call” refers to the total time during which a child is required to be present at the workplace or under the supervision of the employer, including time spent outside of actual performance;

“Child” means any person under the age of 15 years;

“Child minder” means a person appointed to attend to the child’s needs during the period of engagement;

“Determination” refers to the Sectoral Determination regulating the employment of children in advertising, artistic, and cultural activities;

“Director-General” means the Director-General of Labour;

“Employment” includes any engagement of a child to perform work, irrespective of whether such work is remunerated or the nature/duration of the engagement;

“Legal guardian” includes any person with lawful authority over a child, including responsibility for legal representation or administration of the child’s affairs;

“Parent” refers to a parent with parental responsibilities and rights, including guardianship and care;

“School” includes any educational or training institution.

By Kiara Bahadur

(Candidate Attorney)

21 May 2026

This article should not be construed as legal advice. While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this article, neither the writer/s of this article nor the publisher shall bear any responsibility for the consequences of any actions based on information and/or recommendations contained herein. This article material is for informational and educational purposes only.

This content is the property of URA. Whilst we encourage the sharing of our content for informational purposes, if you wish to copy and/or reproduce our content on your own platform and/or website, kindly ensure that proper credit is given to URA.