YouTube channel owners: Is your content directed to children?

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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.

 
 
 

Comments

My video not for kid

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

Yes this is for entertainment purposes only

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.

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?

This is nonsense

Hkg what's app status not for kid my channel not for kid my video not for kid.

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

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.

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?

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!!!!

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

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. 

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

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.

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?

This video is not made for children. it's made for all ages

Those videos made for all ages.. Thanks for supporting..

I am not a kid

I m not a children

Not a kid trying to make content

I think you mean I'm not a child and the is coming from a child

I am not a kid or a children

Im not a child .im a mother .

I am 60 years old.

My video is for kids

I have no children, but it looks like I can't save any videos. Help! Thank you!

I'm not a kid and the videos uploaded are not intended for kids.

Oh so you can’t post specific comments saying about how people don’t like it, wow coppa real smart there

Youtube Kids is a App where there is Videos for Kids and YouTube is for Kids over 13 so COPPA YouTube Kids is here for a reason. (No hate)

I'm just a user. I'm a young adult and sometimes I click on a video to watch it. If I swipe down on the screen it will sometimes automatically stop the video and it gives me that message "multiplayer is off for videos made for kids"and it's not even a "kid" video. Or sometimes comments will be randomly turned off because it's a"kid video" but it isn't. I don't know how to further explain this but it is inconvenient.

I'm 50 years old and can pick out what I want to on my own playlist. I thought this was a free country.

Honestly this change, while supposed to bring child safety is also damaging all creators, this should be fixed in a way where 13+ youtubers can animate without children seeing the videos on the site by making the user or their parent use a button stating "Child mode" to disable any content that is 13+ so creators can have more freedom while also fixing the problem, this is a way where everyone wins, I hope you take my suggestion seriously.

I am not a child and like sometimes to see little video's just for five minutes or so.

What about toys that are not directly directed towards children? Figurines? Doll customizing? Cartoons that are directed towards children but that may not only appeal to children such as My Little Pony, which has many adult and teen fans? How will those cases be handled? How can a content creator be responsible for who views their content? Youtube is automatically setting some videos to kids only. This is way too aggressive and it still seems too broad. Kids don't have a set of things that appeal to them. Adults can like kid stuff too. Kids often watch videos with adult content. Kids often lie on YouTube's sign up about their age. Please release more information about this.

good point....

also theres something called youtube kids!!!!!!!!!

Yes, this video is for people of all ages. This video can also be viewed by children. This video does not contain any bad content or any such training is given

Yes this video is good for kids

My video is for a children..

Sir my video made for kids

This video can be viewed by children

Em..i think the kids can see the video because i didn't add blood or something bad .. but if you want you can choose if is good for kids

What are people going to about this though?

But have you checked the ad you View to kids. Including, the language you speak, speak kids language. Also check if music Is for kids, that can’t be maybe: Rock. Have great wishes and I hope your video fixes. ;D

We want to down load kids rymes for my baby

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