Skip to main content

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.

 
 
 

Muhammad irfan
January 15, 2020
Like it.. Good luck
Jess
January 15, 2020
We have no kids and have no kids around! We are seniors who like watching and saving classical music, health and devotional shows - you turned off saving to library feature which is upsetting!
Mir priom
January 15, 2020
Yes I understand
IhateCoppa
January 15, 2020
Creators of YouTube are not babysitter!
Gavin Bogart
January 15, 2020
I don’t like the YouTube kids, so can you please take down the YouTube Kids and not use it anymore?
Roy
January 15, 2020
How do i turn it off
Guest
January 15, 2020
I grow up watching Disney and still enjoy listening to the music and watching the movies so why can I not make a play list of the one I like best0
Adrian
January 15, 2020
So what if I post walkthroughs of games. I do both games that are for adults m rated and such. But also I do T rated and even E if it's a game looked forward too. So can I change settings on YouTube to vary between my videos?
FTC Staff
January 16, 2020

In reply to by Adrian

The FTC cannot approve particular websites or online services or provide an opinion on whether a specific site or service is directed to children.

Guest
January 16, 2020
Yes
najmul islam sumon
January 16, 2020
nice
Unknown
January 16, 2020
What will happen to all my favorite creators will they have to quit their jobs or will they have to change their content?
JOHN
January 16, 2020
COPPA HOW ABOUT PET VIDEOS LIKE RABBIT AND CUTE BUNNIES? BOTH ADULTS AND KIDS LIKE THEM, NEED SOME GUIDANCE HERE, I WOULD APPRECIATE IT IF YOU COULD GIVE SOME POINTER HERE AND THERE. THANKS
FTC Staff
January 16, 2020

In reply to by JOHN

The FTC cannot approve particular websites or online services or provide an opinion on whether a specific site or service is directed to children.

Guest
January 16, 2020
Please help me kids of
timmy
January 16, 2020
If I were to make a "mixed audience" video on YouTube (such as the example of an gaming video with adult humor), if I put a "13+" in my channel description where people will see it am I fine to keep making videos or is that a violation of COPPA?
FTC Staff
January 16, 2020

In reply to by timmy

The FTC cannot approve particular websites or online services or provide an opinion on whether a specific site or service is directed to children.

Guest
January 16, 2020
Nice
Sophie
January 16, 2020
As I live in the UK I hardly think it's necessary that this is applied to my device, AND considering I am over the age of 13 how is it that this is on my YouTube. How can I stop this disrupting me?
Anonymous
January 17, 2020
What if a youtuber creates Art drawing lessons, Or music teaching lessons, That are aimed at a general audience of art hobbyists, Or learner musicians, Eg: content that could possibly appeal to people of all ages; How to draw things, or just an art entertainment video of drawing a specific thing from start to finish, Examples of Things drawn could be: Marvel characters, Star Wars characters, Examples of music taught to musicians, could be church music, Can a youtuber set these videos as for a General Audience?
Guest
January 16, 2020
I'm Plus 29 Years
Guest
January 16, 2020
My daughter has a children's ministry channel on YouTube. The only problem I have with this is that her subscribers can't be notified when she uploads a new video. It seems to me that this restriction is going to reduce her audience. I get that thia is in place to protect her but it also limits her. Also her channel can only be found if you have the link. How is she supposed to gain more viewers if no one can find her videos? The fact that her channel can only be found by those who already have the link kind of limits her audience. Another issue is that even she can't see how many subscribers she has. I know thia because I actually produce her channel for her so I have full access to her account. I fully understand the protection that you are trying to put into place but the restrictions to the channel itself seem unfair to the uploader. If I post her content as not for kids then she is in danger of violating this law yet she loses features that help grow her audience and keep them up to date. This doesn't seem fair to the uploader. Please consider the amount of restrictions that are now being placed on these accounts and/or videos as a violation of free speech and press. My daughter should have just as much right as I have. Even with the protection in place. I will gladly keep marking her content in accordance with the law but some concessions should be made on the uploader's behalf.
Joshua
January 16, 2020
Is Nickelodeon only for kids? Is Disney only for kids? Is Cartoon Metwork only for kids? Is Nintendo only for kids? How about Pokemon, Mario, Donkey Kong? Because last I checked all these things are for all ages, not just kids. Can I sue Angela Campbell for discrimination for assuming that these things are only for children? Adults deserve engagement as well. Children no matter, as long as their parents allow them to, are going to see behavioral ads. Does Angela J Campbell even acknowledge that?
Guest
January 17, 2020
I am a Sunday school teacher in the UK and I need to save religious songs so my Sunday school children can learn them and then I can send the link to the parents but now I am unable to do so. Any ideas what I can do now?
Namrah Naaz
January 17, 2020
I started a new channel and I am very confused that is my videos is made for kids or not I make educational videos about the countries and people like the richest countries and the richest person or the most beautiful countries in the world and children and adult both like these type of videos so I don't know what to do now?
Guest
January 17, 2020
Sir mere all videos made for kids hai
Guest
January 17, 2020
Nice
Guest
January 17, 2020
Dear FTC i am a YouTube creator im 18 and i like to know if the rure of COPPA apply to Greece and Europe in general and if i play a 18 rated game would it be for adults or kids ?
FTC Staff
January 17, 2020

In reply to by Guest

Foreign-based websites and online services must comply with COPPA if they are directed to children in the United States, or if they knowingly collect personal information from children in the U.S.

The law’s definition of “operator” includes foreign-based websites and online services that are involved in commerce in the United States or its territories.

U.S.-based sites and services that collect information from foreign children also are subject to COPPA. See COPPA FAQS B.7. https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions

Antherman B
January 17, 2020
I don't now why I don’t get the chat on YouTube I got a virus on my pc only I don’t now of that is why I don’t get a chat
Khem moktan
January 17, 2020
Why not comment??
Shaffi
January 17, 2020
I want to Bell icon to see the video on time to get notifications
Guest
January 17, 2020
How do I turn this off
CLARISSA JONES…
February 04, 2020
This regulation is totally inappropriate forTeachers of the Blind/Partially sighted. These videos are often used to address Visual Limitations of infants and Toddlers who require VISUAL STIMULATION. Images as well as manipulatives are essential during Vision Education Instruction to assist child in achieving desired Goals and Objectives. Please review this new regulation. THANK YOU. CLARISSA JONES-EDWARDS NEW YORK STATE TEACHER OF THE BLIND/PARTIALLY SIGHTED PERMANENTLY CERTIFIED
ThikeHtaw
January 17, 2020
Good
Guest
January 17, 2020
I think it’s hilarious how you guys don’t even know anymore according to what I see in the comments. An AI can’t even know, how can you possibly? I mean there’s hundreds of things that kids are interested but so are adults. This includes how to videos, Pokémon, Mario, donkey Kong, hot wheels, lego, Disney, Star Wars, marvel, DC, movies, Roblox, Minecraft, the sims, technology, travel, sports, gymnastics, Barbie, dolls. You just can’t possibly know. If you were you would be mind reader. This not a rule that can apply to content creators. Because with that rule, no matter what kids are going to see personalized ads. Which honestly, is the stupidest thing we could be protecting them from.
Guest
January 18, 2020
I can choose an ad in my YouTube video
Guest
January 18, 2020
Good I like it
Guest
January 18, 2020
I want to subscribe to channels
Jamal Wheat
January 18, 2020
Coppa is not working right please help make it work right please fix it now thank you
Guest
January 18, 2020
Parent should be responsible for their children. I am a parent and I often have saved YouTube videos for my kids and grandkids. Now, thanks to this law, I can no longer do that because they have turned off the ability to save them. This is an option I used often to make sure they were viewing approved videos. Kind of stinks to punish responsible parents for doing the right thing.
Braden Carr
January 18, 2020
Delete this rule from existence. It's stupid, and should have never invaded youtube, it limits channel creators, so please, get rid of this from youtube.
Guest
January 18, 2020
Fun, laughter, community,
Guest
January 18, 2020
sorry about the same in
On The Fence
January 18, 2020
Here is my question. Before this matter came up, I was on the fence about creating a Channel at all. I had only uploaded 3 videos showcasing my work with hair extensions hair coloring and so forth. Once I heard this news about this law then I quickly deleted those three videos I did have up on my channel. My question is this, how is beauty hair extensions cosmetology related content categorized underneath this law? Because now, we have to take into account if our creativity with cosmetology related things such as styling hair, braiding hair, coloring hair, bleaching here Will be affected or if it will be a problem underneath this law. Waiting for your reply. Thank you in advance.
Rey edar
January 19, 2020
Yes, i agree this rules
Guest
January 19, 2020
Dear coppa, we do understand that YouTube messed up but do you realize that some of those “kids videos” are how people make a living? Also you restrain a video that has minimal cussing while some you tubers are posting much much worst, honestly I think it’s unfair that you suddenly start restricting “kids videos” assuming that adults can’t like fun, happy, colorful, funny, Things. We appreciate that you are just trying to make up for YouTube’s mistakes but it’s a bit harsh restricting a video that could’ve taken hours, weeks, days even months to make, Hope you read this and try to understand that because YouTube messes up doesn’t mean that you have to punish the people who post, have a good 2020 and new decade and really consider what I’m trying to convey here
Frank ligthart
January 19, 2020
I cant subscribe on some channels , how can i change settings for this?
Guest
January 19, 2020
Open my comments
Guest
January 19, 2020
I have a very small YouTube channel. And due to coppa my videos are being changed to "for children" by the YouTube algorithm, despite being a religious/philosophical channel with content to complex for young minds. How do I go about protecting myself when YouTube is changing my settings every few hours?

Get Business Blog updates