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Under COPPA, how do I know if my channel is “directed to children”? Since the FTC and New York Attorney General announced their September 2019 settlement with YouTube for violations of the Children’s Online Privacy Protection Act Rule, we’ve heard that question from channel owners – sometimes called content creators. If you’re a channel owner who shares content on user-generated platforms like YouTube, read on for FTC staff guidance about the applicability of the COPPA Rule and how those covered by the Rule can comply with its requirements.

The FTC action against YouTube and Google

The lawsuit against YouTube and Google alleged that the companies illegally collected personal information from children, in violation of COPPA. According to the complaint, the companies collected that information from viewers of child-directed YouTube channels in the form of persistent identifiers that track users across the Internet, but didn’t notify parents and get their consent. To settle the case, YouTube and Google agreed to create a mechanism so that channel owners can designate when the videos they upload to YouTube are – to use the words of COPPA – “directed to children.” The purpose of this requirement is to make sure that both YouTube and channel owners are complying with the law.

A COPPA recap

That provision of the settlement has raised questions among content creators about how to determine if what they upload to YouTube or other platforms is “directed to children.” The answer requires a brief summary of some key COPPA provisions. Passed by Congress in 1998, the Children’s Online Privacy Protection Act is a federal law that protects the privacy of children under 13. COPPA’s foundational principle is one that most people can agree on: Parents – not kids, companies, platforms, or content creators – should be in control when it comes to information collected from children online.

The FTC enforces the law through the COPPA Rule. In general, COPPA requires operators of commercial websites and online services that are directed to children (more about that in a minute) to provide notice and obtain verifiable parental consent before they collect personal information from kids under 13.

The COPPA Rule defines “personal information” to include obvious things like a child’s first and last name or home address, but that’s not all. Under COPPA, personal information also covers what are called persistent identifiers – behind-the-scenes code that recognizes a user over time and across different sites or online services. That could be an IP address or a cookie when it’s used to serve targeted ads. Keep in mind that an operator also might be collecting personal information through an open comment field on its site or service that allows a user under 13 to make personal information publicly available. For example, think of a comment like this on a child-directed site: My name is Mary Jones from Springfield. I love this video!

How COPPA applies to channel owners

So how does COPPA apply to channel owners who upload their content to YouTube or another third-party platform? COPPA applies in the same way it would if the channel owner had its own website or app. If a channel owner uploads content to a platform like YouTube, the channel might meet the definition of a “website or online service” covered by COPPA, depending on the nature of the content and the information collected. If the content is directed to children and if the channel owner, or someone on its behalf (for example, an ad network), collects personal information from viewers of that content (for example, through a persistent identifier that tracks a user to serve interest-based ads), the channel is covered by COPPA. Once COPPA applies, the operator must provide notice, obtain verifiable parental consent, and meet COPPA’s other requirements. For information on how to comply with COPPA, please visit the FTC’s COPPA page for our Six-Step Compliance Plan for Your Business.

How channel owners can determine if their content is directed to children

Under COPPA, there is no one-size-fits-all answer about what makes a site directed to children, but we can offer some guidance. To be clear, your content isn’t considered “directed to children” just because some children may see it. However, if your intended audience is kids under 13, you’re covered by COPPA and have to honor the Rule’s requirements.

The Rule sets out additional factors the FTC will consider in determining whether your content is child-directed:

  • the subject matter,
  • visual content,
  • the use of animated characters or child-oriented activities and incentives,
  • the kind of music or other audio content,
  • the age of models,
  • the presence of child celebrities or celebrities who appeal to children,
  • language or other characteristics of the site,
  • whether advertising that promotes or appears on the site is directed to children, and
  • competent and reliable empirical evidence about the age of the audience.

The determination of whether content is child-directed will be clearer in some contexts than in others, but we can share some general rules of thumb. First, unless you’re affirmatively targeting kids, there are many subject matter categories where you don’t have to worry about COPPA. For example, if your videos are about traditionally adult activities like employment, finances, politics, home ownership, home improvement, or travel, you’re probably not covered unless your content is geared toward kids. The same would be true for videos aimed at high school or college students. On the other hand, if your content includes traditional children’s pastimes or activities, it may be child-directed. For example, the FTC recently determined that an online dress-up game was child-directed.

Second, just because your video has bright colors or animated characters doesn’t mean you’re automatically covered by COPPA. While many animated shows are directed to kids, the FTC recognizes there can be animated programming that appeals to everyone.

Third, the complaint in the YouTube case offers some examples of channels the FTC considered to be directed to children. For example, many content creators explicitly stated in the “About” section of their YouTube channel that their intended audience was children under 13. Other channels made similar statements in communications with YouTube. In addition, many of the channels featured popular animated children’s programs or showed kids playing with toys or participating in other child-oriented activities. Some of the channel owners also enabled settings that made their content appear when users searched for the names of popular toys or animated characters. Want to see the FTC’s analysis in context? Read pages 10-14 of the YouTube complaint.

Finally, if you’ve applied the factors listed in the COPPA Rule and still wonder if your content is “directed to children,” it might help to consider how others view your content and content similar to yours. Has your channel been reviewed on sites that evaluate content for kids? Is your channel – or channels like yours – mentioned in blogs for parents of young children or in media articles about child-directed content? Have you surveyed your users or is there other empirical evidence about the age of your audience?

What are the possible penalties for violating COPPA?

The Rule allows for civil penalties of up to $42,530 per violation, but the FTC considers a number of factors in determining the appropriate amount, including a company’s financial condition and the impact a penalty could have on its ability to stay in business. While Google and YouTube paid $170 million, in another COPPA case settled this year, the operator paid a total civil penalty of $35,000.

Isn’t the FTC taking another look at the COPPA Rule?

Yes, the FTC is currently evaluating the Rule in light of rapid changes in technology. If you would like to comment on the effectiveness of the COPPA Rule and whether changes are needed, the FTC has extended the comment deadline to December 9, 2019.

Where can channel owners go for more information?

A look at the factors in the COPPA Rule will help most channel owners determine if their content is directed to children. If you’re still unsure about how COPPA applies to you, consider contacting an attorney or consulting with one of the COPPA Safe Harbor programs – self-regulatory groups that offer guidance on how operators can comply with the law. Visit the FTC’s website for a list of currently approved Safe Harbor organizations. For more resources, visit the FTC’s Children’s Privacy page for our Six-Step Compliance Plan for Your Business.

 
 
 

2,464 Comments

Nari Banjara o…
February 07, 2021

In reply to by Amzad hossain

I am not made for kids i am all content maded
Softailstyle
February 14, 2021

In reply to by Amzad hossain

I want my adult setting back I can't watch some of my videos
Umed Sable
February 18, 2021

In reply to by Amzad hossain

I am not a children I am 18 years old
Jayde
February 19, 2021

In reply to by Amzad hossain

I’m not a child
Dillon
February 25, 2021

In reply to by Amzad hossain

I do 2 have children
Mo
July 11, 2021

In reply to by Amzad hossain

Great idea but problem is I'm not a child, I don't have a child and there are no children surrounding me. Another thing, how about letting me choose what's best for my child should I decide to have one. Please get rid of your protection I don't need it.
IAMSquinch
October 18, 2021

In reply to by Mo

I agree that there are some tweets that need to be made to this ruling but as a parent I will also agree that this is in good nature toward all children worldwide and in doing so they are trying to do the best that they can do to protect all children worldwide so my thoughts is this I believe that it's every right to every human being to watch and access what they want but saying that I say this if you have access to what any and everything that you want you are able to infringe on other people's rights especially the children so to me if you have done nothing wrong then there was no reason for you to be blocked from sites that you like to watch especially from religious sites so I say that to say this if you have truly done nothing wrong you should be able to reach out to the powers that be and have this fixed that's my only thought of this except that I agree 100% in the protection of all children thank you for letting me post
Leonard mcmillian
August 19, 2021

In reply to by Amzad hossain

Thanks for your help
Sudais Ahmad
April 07, 2020

In reply to by FTC Staff

I am not children, I am adult and health care provider
Young baller
June 03, 2020

In reply to by Sudais Ahmad

Everyone that is 15 and up should be able to access miniplayer
Galaxygachakitty
April 10, 2020

In reply to by FTC Staff

I make animations but the swear and might contain blood I personally don’t think that’s child proof
Rubel md
April 24, 2020

In reply to by Guest

I'm not a children
Jabari
April 24, 2020

In reply to by Ruby Johnson

I’m not a child
Theresa phillips
June 30, 2021

In reply to by Ruby Johnson

Free speech what happened? what your doing is messing with our rights first ammenmentdont give a kid a phone or computer if you as the adult cant controll it that doesnt mean censoring for all of us let us make that decision or the parent in control of their child phone or computer.That is free speech.
Jandry Rosales
April 21, 2020

In reply to by FTC Staff

I am not. Kid anymore I am well over 24 so why am I getting these ad
Gary
April 22, 2020

In reply to by FTC Staff

I'm a balloon artist and I was watching to learn a new skill. How do I turn off this so I can get notified?
Christinea Reed
June 15, 2020

In reply to by Gary

I am not a child, I am 64 and I would like to be able to shut this child safe program OFF.
Arnav
October 17, 2020

In reply to by Christinea Reed

I agree with you. they should make it kid safe only IF it contains contents not suitable for children
Dave Olaru
December 10, 2020

In reply to by Lyes Blanco

Would you have to set the video as made for kids if a person who’s 16 or over appears in the video?
ken alvarez
May 13, 2020

In reply to by FTC Staff

I fail to see how a video for tradesman on how to stamp concrete is flagged or not suitable for children. Who made the decision on these type of videos I'm not a child, looks like a two yr. old is in charge here, can we find some ADULTS PLEASE
Common_Sense_Dave
May 23, 2020

In reply to by FTC Staff

How about actually taking care of your own kids and not forcing the internet to do it for you? I can’t understand a $42,000 fine for publishing a video with an audience including but not limited to children. What it SHOULD be is when a video is posted TOWARDS children, but it clearly cannot be, that’s when a penalty should be issued.
Linda Chastain
June 16, 2020

In reply to by Common_Sense_Dave

I'm 66 and my husband is 90, no children or grandchildren use our internet etc. I want zero limits put on what we watch. Can I opt out?
Hkg what's app…
June 30, 2020

In reply to by FTC Staff

Hkg what's app status not for kid my channel not for kid my video not for kid.
Benjamin
July 14, 2020

In reply to by FTC Staff

I want people to the ability to comment on my videos my content is not meant for kids they can watch it but its not meant for them
Medo
July 16, 2020

In reply to by FTC Staff

Adding children video on my YouTube are with parents knowledge I personally take parent permission and upload their videos so there is no issues at all. Thank you FTC.
Han
August 24, 2020

In reply to by FTC Staff

The problem is, I'm not a kid and I need to use some of the functions. But it's banned according to this COPPA. So who's gonna responsible for that?
K
August 28, 2020

In reply to by FTC Staff

I'm not a bloody child.. I'm 35 and have 5 children that do NOT use my phone!!!! I want to subscribe. Let us decide!!!!
saint
September 08, 2020

In reply to by FTC Staff

so if I made content that isn't for kids but COPPA thinks it is, do I get a 42k fine?
FTC Staff
September 08, 2020

In reply to by saint

Your content isn’t considered “directed to children” just because some children may see it. However, if your intended audience is kids under 13, you’re covered by COPPA and have to honor the Rule’s requirements. The Rule sets out additional factors the FTC will consider in determining whether your content is child-directed.

This blog has more information and links to additional information about COPPA. 

LOGIC
September 18, 2020

In reply to by FTC Staff

How are comments related to whether your video is made for kids or not How are you supposed to decide How are end screens related to whether your video is made for kids or not This is all nonsense REMEMBER, I AM CALLED LOGIC
Crystal
November 22, 2020

In reply to by FTC Staff

This is crazy. I tried to save a video of the care bears for my daughter and it won't let me. I thought I lived in America. This is ridiculous.
Angel
November 26, 2020

In reply to by FTC Staff

I'm sorry but why can't I save to my playlists the videos that are directed to children? It's so unfair I want to listen to all my favorite cartoon songs and not having to look for them every time I wanna listen to them, could you please turn this off?
Christopher Frank
December 24, 2020

In reply to by FTC Staff

Yes I pay monthly. To enjoy my music. I don't need boundaries placed on me. I am not a child. Anyway the parents of children should pay more attention to their children. Please remove thank you. Signed a paying customer

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