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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.

 
 
 

GiveMeYourTP
July 24, 2020

In reply to by Kati

Actually most adults collect figures . I am 29 and I collect them. Also I am technically special needs as Well but I know a lot of adults who collect figures special needs adults and non special needs a like. The whole this is for kids and this is not for kids is never simple some figures are intended for 15 and up and 17 and up.
Somps
December 01, 2019

In reply to by Jose Vega

Because then YouTube would have to view the videos and they don't want to have to do that. That's a great idea, but then YouTube could possibly get held for it and by doing it this way, there isn't any way they can be found at fault. They don't care about users.
ThisIsAPlatfor…
December 06, 2019

In reply to by Jose Vega

Mixed content wont help. This would still mean if any part of your audience is kids then the proper actions to prevent data collection must be taken. Mixed content is basically the same thing as kids content. The only thing that would solve this problem is for youtube to have two very hard lined sites with one being all content uploaded to "Youtube" being data collecting inventory, and then a "Youtube Kids" that clearly does not collect data. Kids content may be allowed on regular "Youtube" but any adult sharing the platform with a child would be consenting to the data being collected. Youtube needs to do a better job of controlling their content distribution. But Youtube clearly wants the childrens data, and is apparently going far out of the way to try to keep the kids content together with all adult content that collects data because they damn well know how much money they make from targeted ads on those videos. There should be two platforms and the registration process for an adult account should have some form of verification system.
Jessica Zukas
December 07, 2019

In reply to by Jose Vega

I believe that it was YouTube that only gave the options "for kids" and "not for kids"- if you are upset there's not at general audience option upon uploading a video at least. They made it too simplistic but in That case your fight is with YouTube. And yes it needs to change. YouTube is mad that they got 170 Mill taken. They are airing creators out to dry because of it and not being helpful at all.
Nate
December 17, 2019

In reply to by Jose Vega

They just announced that I you make mixed content, your free to put it on Not for Kids.
JC
November 22, 2019
Vague definitions and a wonky Google/YouTube algorithm in response to the YouTube/FTC settlement can lead to false positives that impact content creators negatively in most cases slapping them with heavy fines that far outweigh the money they make from posting their content on sites like YouTube. One offense is a $42,000 USD fine. given how little content creators make with subscriptions and ad revenue, this could lead to the essential shutdown of their channel.
Caimen Lopez
November 22, 2019
Please clarify exactly what the terms of " activities appealing to children means!!! It's kinda vague
Elias Haggart
December 13, 2019

In reply to by Caimen Lopez

Dont go through with this just change the add regulation on youtube dont remove kids content Yes this is a problem but there's more hatred than ruining so many beloved youtubers With such vague rules you put half of the platform at risk of your rules THINK ABOUT THIS PLEASE ,FTC
Jake Russell
November 26, 2019

In reply to by Caimen Lopez

It's intentionally vague; Google wants to appease the FTC and is making YouTube the sacrifial lamb
Karoline
November 26, 2019

In reply to by Caimen Lopez

Activities that children would most likely do let’s say for example, if a child or kid wants to listen by reacting to the music. They would listen to music appropriate for children or kids unlike music that is not for kids.
Belades
November 27, 2019

In reply to by Caimen Lopez

Talking about video games or animals, or saying the words "cool" according to official guidelines. Also LITERALLY any videogames, regardless of rating, according to the current writing of the law.
xRyeunMigsx
November 27, 2019

In reply to by Caimen Lopez

It means that children are appealed to certain activities, like playing, being goofy, etc.
Ella
November 27, 2019

In reply to by Caimen Lopez

True! I had looked up a list of activities that usually appeal to children, and things like basketball, tennis, baseball (those are just some examples) were listed there. Now that I honestly do not get at all, because those sports aren't just specifically for kids. So say someone on YouTube has an original animated series that they made, and in one of the scenes, a character is playing basketball. That doesn't mean that the whole entire series is classified as 'for kids' just because of that one scene. Honestly in my opinion, more research should be done when putting these new policies into place. Like, it can't just be one or the other when sorting these things into categories A lot of content on YouTube is in a sort of regard where it isn't specifically directed at kids, but not at adults either. Say for instance, videos of people playing Nintendo games. Nintendo is known for developing and releasing 'family-friendly' games. But that doesn't mean that the games are ONLY directed at kids. I'm kind of going on a tangent here, but I hope what I'm trying to say is understandable...
Infernothefox
November 22, 2019
Animated characters count towards Child-Directed content... Okay, that just doesn't work because most animations are mature! The prime example I can use right now is the Pilot for a animated series called "Hazbin Hotel" which is a video that contains animated characters, but the content is FAR from being child friendly. Unless you're actively going through every single point you mentioned instead of basing it off one, this is NEVER going to work! What's going to happen, as I've stated before, is the content on Youtube will become so adult focused that no child will be safe on the platform as there will be no content that would be directed to them! So essentially, you're going to be the sole reasons why Youtube will likely become dead in 2020!
George
November 22, 2019
Why not impose a tax on child content, then everything can go back to normal, instead of shutting down channels
Jeff Walker
December 01, 2019

In reply to by George

How about fining the parents that can't control their kids? YouTube has kids site. It seems like the FTC can just fine anyone when they want with these vague rules. Again as usual with most things you don't hold the parent's accountable for the actions of their kids. Can a creator sue the parents if a kid comes onto our page when it is clearly marked Adult Only?
guest1
February 10, 2020

In reply to by George

what would it look like then? I also upload movies on YT - mainly gameplay, unfortunately I don't have age statistics, maybe because I have less than 100 subscribers?
Mister No Life
November 22, 2019
The list of rules provided is too vague and needs more details. Otherwise I am very confused as to what they are supposed to mean. For example: -Please specify what "visual content" is safe for children and what "visual content" is not. It is stated that you realise a cartoon character isn't automatically made for kids so please provide more details on what "visual content" is appropriate for certain ages. -Please specify "the kind of music or other audio content" that is suitable for kids and "the kind of music or other audio content" that is not. What makes a piece of music not suitable for kids? Is it the genre? Is it the melody? Is it the lyrics themselves? Please provide more details. -Please specify "the age of models" that appeals to children by giving an age range. -What does "language or other characteristics of the site" mean? Please provide more details.
Guest
November 22, 2019
While I understand the new thing the FTC are doing, I still have a problem. What about those who have gaming content or play games that kids play, but the content is pointed towards a more mature audience? Like if the game is pointed toward all ages, but the content in which the creator makes is pointed to a mature age. Would they still be safe like certain animation channels or will they be flagged as only children content too?
Guest
November 22, 2019
Can we just not have this coppa stuff? Just let the creators be free and let parents be parents, fine the parents imagine how much money u could make then.
Guest
November 25, 2019

In reply to by Guest

That's coming too! If kids are on main YouTube without parental consent the third party IP tracker's trace you back to your ISP and ten your parents get sued for you (a kid on YouTube" YouTuber's millions have been made off the grooming and manipulation of kids... specifically under 13yrs old
NO name
November 26, 2019

In reply to by Guest

Yeah coppa has to ruin all fun basically coppa is just mean and I agree with you
Guest
November 26, 2019

In reply to by Guest

Well, the whole point of COPPA is basically online parenting for kids whose parents can't parent. COPPA was created to keep the bad stuff from children.
Guest
December 06, 2019

In reply to by Guest

It is not keeping children safe to eradicate child friendly content. It will only make it easier for children to find adult oriented content. It is a parent's job to discipline their children, not the government.
Itz Moon Shadow
January 05, 2020

In reply to by Guest

I am really unclear on what is happening with animators/ GachaLife
Byron Billings
November 27, 2019

In reply to by Guest

Unfortunately, COPPA needs to happen so that YouTube and Google can't collect any more data illegally. The problem from the start has been the vague descriptions of what's going on and what changes are being made, but now as you can see they have clarified on much of the confusion. The content creators can still have the freedom to make whatever content they want. They simply need to let YouTube, and in turn the FTC, who it is their videos are intended for and if they are "intended for children" they simply have to make sure they don't cross the line.
sure
December 03, 2019

In reply to by Byron Billings

This isn't correct. When a YouTube video is marked as "for kids," it will lose 90% of monetization, be hidden from search results and recommended sections, and no longer appear in sub boxes. Your video essentially becomes unlisted. And why should it be YouTube and YouTubers' job to police who watches what? If a child is on YouTube, it is with parental permission. That is not the fault of YouTube or the creators. If parents are that worried about data collection, then don't let your kids on sites that collect data. Just because a rule says it's "for the children" doesn't make it good or necessary. This is hurting more people than it's helping.
Kittenati
November 27, 2019

In reply to by Guest

Are you kidding - fining the PARENTS? Fine nobody! Coppa is stupid and should be stopped immediately. SO MANY YOUTUBERS ARE IN DANGER BECAUSE OF THIS STUPID RULE! So many people quitting, stopping making videos, heck, MOVING TO TIKTOK OF ALL PLACES, and you try to fine the PARENTS? Parents have nothing to do with this - Coppa has to be stopped, without fines! Sorry, just had to burn off some steam
Guest
November 27, 2019

In reply to by Guest

No. While yes this coppa thing is ridiculous, they should not fine parents for anything. This will just create more controversy and the FTC does not want that. Just because this thing can earn money with the FTC, it is not advised to fine the people that chose to have children.
Sherry
December 03, 2019

In reply to by Guest

I so agree with you, I hate to think I will not be able to watch all my favorite craft videos on YouTube, because parents can't parent their children.
Guest
November 22, 2019
will setting my channel to mix audience affect my monetization?
Guest
November 25, 2019

In reply to by Guest

if it's made for kids, yes. you'll lose 70 - 90% ad revenue...
Guest
November 26, 2019

In reply to by Guest

Yes. If one of your videos is marked “For kids” then you will lose all targeted ads on that video, meaning you will make 80-90% less ad-revenue on that video.
Rhonda king
April 18, 2020

In reply to by Guest

THANK YOU very much, I am not a child. No CHILDREN in my HOME
Guest
November 22, 2019
I understand that companies like Google and YouTube can target children and take advantage of children and their personal information but i don't agree that the channels of YouTube are also restricted for it. Some i understand but most of it, example: My friend is also a YouTuber but knowing the rules currently listed above I'm worried about her channel. Her channel consists of cartoon characters that she made herself from a application that is called "Gacha world". Since it falls into the category of cartoon characters i fear that she'll be needing to give money to the FTC when she's not old enough to work as yet. So if you're able to. Please make it more reasonable for content creators. Thank you
Jalen Byrd
January 10, 2020

In reply to by Guest

You fools don’t you know what have you done you canceled the YouTube miniplayer we all need the miniplayer on youtube
Guest
November 22, 2019
As a disabled content creator this hurts because content creators should not be responsible for what kids watch and what they don’t, we shouldn’t be punished for something a child watches. I upload gaming content because it’s an outlet for me and it’s incredibly fun, I shouldn’t have to determine if it’s suitable for kids. I understand the seriousness of this but please don’t punish us content creators whether we have large channels or small channels like mine. I ask you to reverse this and give YouTube the option to quit getting info on kids. Thank you, Crippled Gaming.
Guest
November 22, 2019
This is ridiculous, it's not the creators on YouTube's fault that parents don't watch their kids.
Rich
November 25, 2019

In reply to by Guest

This isn’t about rather parents watch their kids or not. No. Some channels make it clear that their videos is for audience below the age of 13. YouTube broke a COPPA law by taking data from children under the age of 13. Which creators are now required to not make videos that is made to get a child attention on a site made to take data. As long as people don’t make obvious kids videos or are trying to reach a child audience only,than not many creators have to worry. Yes it sucks that channels who makes good child content will lose their job but as long as YouTube continues to collect data and there’s no way for parents to give consent when creating an account/age confirmation and block child content from account who doesn’t give consent ,than creators have to follow the law.
Micah-Luke
January 01, 2020

In reply to by Rich

This isn’t helping anyone, honestly, the law should change, people are gonna lose their jobs, Kids are gonna lose their favorite people, i mean YouTube isn’t just “a platform”, no, this is YOUTUBE we’re talking about, I don’t know if we’re both seeing the same thing here but, let’s be honest, YouTube is run by mostly bots, so what if someone just gets $40,000 Even though they followed the rules. I’m trying to be as civil as i can about this but, don’t do Coppa, please. And if you were to think about this, don’t not do coppa for anyone but the peoples lives you’re about to destroy.
Guest
November 22, 2019
I'm glad that now content creators know this now and wont be scared to post a video!
Unknown
November 27, 2019

In reply to by Guest

What the heck? This rules might as well cancel google and YouTube in itself.
Guest
November 22, 2019
Please consider to take down this rule. We understand you want to ensure the safety of kids. But this rule can destroy the lives of many innocent content creators like myself who uploads for fun. Instead, you should warn parents to look out for their kids. There's already "YouTube kids" out there. Children should have enough protection already unless the parents are responsible for their information leak. Please consider. Spare us.

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