SALT LAKE CITY (AP) — Utah on Tuesday added new protections for the children of online content creators following the child abuse conviction of Ruby Franke, a mother of six who dispensed parenting advice to millions on YouTube before her arrest in 2023.
Gov. Spencer Cox signed a law under the encouragement of Franke’s now ex-husband that gives adults a path to scrub from all platforms the digital content they were featured in as minors and requires parents to set aside money for kids featured in content. Kevin Franke told lawmakers in February that he wished he had never let his ex-wife post their children’s lives online and use them for profit.
"Children cannot give informed consent to be filmed on social media, period," he said. “Vlogging my family, putting my children into public social media, was wrong, and I regret it every day."
The Frankes launched the now-defunct “8 Passengers” channel on YouTube in 2015 and began chronicling daily life as a seemingly tight-knit Mormon family in Springville, Utah. With its large nuclear families and religious lifestyles, the state is a hotbed for the lucrative family blogging industry. The reality show “The Secret Lives of Mormon Wives” brought widespread attention to a group of Utah-based Mormon moms and TikTok creators known as “MomTok” who create videos about their families and faith.
The content-creation industry is largely unregulated, but several states have added certain safeguards in recent years. Illinois, California and Minnesota have enacted laws protecting the earnings of young creators, and Minnesota's law includes a similar provision to Utah's that allows content featuring minors to be taken down.
The Franke children were featured prominently in videos posted up to five times a week to an audience of 2.5 million in 2010. Two years later, Ruby Franke stopped posting to the family channel and began creating parenting content with therapist Jodi Hildebrandt, who encouraged her to cut contact with Kevin Franke and move her two youngest children into Hildebrandt's southern Utah home.
The women were arrested on child abuse charges after Ruby Franke's emaciated 12-year-old son Russell escaped through a window and knocked on a neighbor's door. The neighbors noticed his ankles wrapped in bloody duct tape and called 911. Officers then found 9-year-old Eve, the youngest Franke child, sitting cross-legged in a dark closet in Hildebrandt’s house with her hair buzzed off.
The women were each sentenced to up to 30 years in prison.
In handwritten journal entries, Ruby Franke insists repeatedly that her son is possessed by the devil and describes months of daily abuse that included starving her children and forcing them to work for hours in the summer heat without protection. The boy told investigators that Hildebrandt had used rope to bind his limbs to weights on the ground and dressed his wounds with cayenne pepper and honey, according to the police report.
In a memoir published after her mother's arrest, Shari, the eldest child, described how Ruby Franke's obsession with “striking content gold” and chasing views led her to view her children as employees who needed to be disciplined, rather than children who needed to be loved. Shari wrote that her mother directed the children “like a Hollywood producer" and subjected them to constant video surveillance. She has called herself a “victim of family vlogging” and alluded in her book to early signs of abuse from her mother, including being slapped for disobedience when the now 22-year-old was 6.
Under the Utah law, online creators who make more than $150,000 a year from content featuring children will be required to set aside 15% of those earnings into a trust fund that the kids can access when they turn 18. Parents of child actors appearing in TV or film projects will also be required to place a portion of their earnings in a trust.
As the Utah Legislature was considering the measure, a new Hulu documentary titled “Devil in the Family: The Fall of Ruby Franke” reignited interest in the case.
At a hearing last month, Kevin Franke read statements in support of the bill written by two of his daughters, ages 16 and 11. He filed for divorce shortly after his wife's arrest and petitioned to regain custody of his children from the state. His lawyer, Randy Kester, did not respond to email and phone messages over the past week seeking to confirm whether Kevin Franke had regained custody in the sealed case.
Eve Franke, the youngest child who police found emaciated with her head shaved, wrote in a statement to lawmakers that they had power to protect other kids from exploitation.
“I’m not saying YouTube is a bad thing. Sometimes it brings us together,” she wrote. “But kids deserve to be loved, not used by the ones that are supposed to love them the most.”
FILE - This image from video provided by the Utah State Courts shows Ruby Franke, during a virtual court appearance, Friday, Sept. 8, 2023 in St. George, Utah. (Utah State Courts via AP, File)
WASHINGTON (AP) — The top vaccine official with the Food and Drug Administration has resigned and criticized the nation’s top health official for allowing “misinformation and lies” to guide his thinking behind the safety of vaccinations.
Dr. Peter Marks sent a letter to Acting FDA Commissioner Sara Brenner on Friday saying that he would resign and retire by April 5 as director of the Center for Biologics Evaluation and Research.
In his letter, which was obtained by The Associated Press, Marks said he was “willing to work” to address the concerns expressed by Robert F. Kennedy Jr., about the safety of vaccinations. But he concluded that wasn't possible.
“It has become clear that truth and transparency are not desired by the Secretary, but rather he wishes subservient confirmation of his misinformation and lies,” he wrote.
The U.S. Department of Health and Human Services did not respond to a request for comment.
Marks was offered the choice of resigning or being fired by Kennedy, according to a former FDA official familiar with the discussions, who spoke on condition of anonymity because he didn’t have permission to discuss the matter publicly.
Kennedy has a long history of spreading anti-vaccine misinformation, although during his Senate confirmation hearings he seemed to say he would not undermine vaccines. He promised the chair of the Senate health committee that he would not change existing vaccine recommendations.
Since becoming secretary, Kennedy has vowed to scrutinize the safety of childhood vaccinations, despite decades of evidence they are safe and have saved millions of lives.
Marks oversaw the agency’s rapid review and approval of COVID-19 vaccines and treatments during the pandemic.
Marks is credited with coining the name and concept for “Operation Warp Speed,” the effort under President Donald Trump to rapidly manufacture vaccines while they were still being tested for safety and efficacy. The initiative cut years off the normal development process.
Despite the project’s success, Trump repeatedly lashed out at the FDA for not approving the first COVID shots even sooner. Trump told confidants after his 2020 loss that he would have been re-elected if the vaccine had been available before Election Day.
Dr. Paul Offit, a vaccine expert at Children’s Hospital of Philadelphia, criticized what he called the “firing” of Marks.
“RFK Jr.’s firing of Peter Marks because he wouldn’t bend a knee to his misinformation campaign now allows the fox to guard the hen house," Offit said. “It’s a sad day for America’s children.”
Former FDA Commissioner Dr. Robert Califf said the issues raised in Marks' resignation letter “should be frightening to anyone committed to the importance of evidence to guide policies and patient decisions.”
“I hope this will intensify the communication across academia, industry and government to bolster the importance of science and evidence,” he wrote.
The resignation follows news Friday that HHS plans to lay off 10,000 workers and shut down entire agencies, including ones that oversee billions of dollars in funds for addiction services and community health centers across the country.
In a post on social media Thursday, Kennedy criticized the department he oversees as an inefficient “sprawling bureaucracy." He also faulted the department’s 82,000 workers for a decline in Americans’ health.
The resignation is the latest blow to the beleaguered health agency, which has been rocked for weeks by layoffs, retirements and a chaotic return-to-office process that left many staffers without permanent offices, desks or other supplies. Last month, Jim Jones, the FDA’s deputy commissioner for foods, resigned, citing “the indiscriminate firing” of nearly 90 staffers in his division, according to a copy of his resignation letter obtained by the AP.
Marks, who could not be reached for comment, also raised concerns in his letter about “efforts currently being advanced by some on the adverse health effects of vaccination are concerning” as well as the “unprecedented assault on scientific truth that has adversely impacted public health in our nation.”
He went on to detail the historic benefits of vaccinations dating back to George Washington and pointed to the ongoing measles outbreak as proof of what can happen when doubts about science take hold.
“The ongoing multistate measles outbreak that is particularly severe in Texas reminds us of what happens when confidence in well-established science underlying public health and well-being is undermined,” he wrote.
The measles outbreak, which could go on for months, has now spread to Kansas and Ohio after sickening more than 370 in Texas and New Mexico.
If it hits other unvaccinated communities across the U.S., as may now be the case in Kansas, the outbreak could endure for a year and threaten the nation’s status as having eliminated the local spread of the vaccine-preventable disease, public health experts said.
Casey reported from Boston. Perrone reported from Washington, D.C.
FILE - Dr. Peter Marks, Director of the Center for Biologics Evaluation and Research within the Food and Drug Administration testifies during a Senate Health, Education, Labor, and Pensions hearing to examine an update from Federal officials on efforts to combat COVID-19, Tuesday, May 11, 2021 on Capitol Hill in Washington. (Jim Lo Scalzo/Pool via AP, File)
