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

The settlement is too stupid and seems to be written by people from 100 years ago, who know nothing about the the modern world, who know nothing about the current children, the regulation is horrible and reminds me of what the USSR and Chinese governments have done in excuse of “children protection”, but in fact limiting the freedom of expression. It is scary and BY NO MEANS should happen in the US.

Please turn YouTube back to normal please

If my content is from video games like roblox as l would mark it

I fully agree that COPPA is needed, but please remove the mini player restriction.

Please help me My channel is not made for kids but but it is getting made for kids for my fault... Please someone help me... I want to change primary audience

I want to ask. I made an educational video "English verbs". it's clear that children are taught "verbs" in their English lessons. so here I'm not wrong if I say my video for children. but I also included examples of word usage in sentences. well maybe there are some sentences in the example that might not be for children aged 13 years. for example: "TELL" the example sentence "Could you tell me where the fitting room is?" This sentence is usually the mother or father of the child who uses. So which category should my video be in? this happened also to the Chinese video lesson. I make "everyday sentences" in Mandarin, but maybe there are sentences that are not often used daily for children. BUT my sentence also DOES NOT contain ADULTS. I made it with animation and color combination for children. I need his help to determine my problem.

Oh of COURSE comments are moderated.

YouTube please don't add my videos to YouTube Kids.

No need for that

A channel that is animated ore have’s stuff to do with games dose not all ways contain content specifically made for kids. And not all channel’s are made just for kids sum are for a more a mature audience sum are made for a younger audience and maybe sum are in between. And one more thing it should be the child’s parents how says what there kids watch not You Tube.

Really there is nothing bad on some video kids r going to hear and bad words anyways so why block it or anything

okay, Iam accept it, thanks to do it

What about origami which is folding paper into shapes which is done by many adults?

Imagine you are a youtuber, and you make a video about a game that both children like. Which would you need to choose?
(This question is rhetorical, I don't want to hear poeple only saying "children" or "13+" or anything like that.)

I want to remove coppa

Yas kids videos

Detective Conan is not “kids directed”, YOU must learn what the real world is before making ANY regulations.

I to play youtube

THis is Good for every children to avoid the uneducated movies . This is will help the children in the world . Continue to have thia kind of rules to protect the kids .

All the videos my 10 year old daughter watched included swearing so now she doesn't even use youtube with her account.
Thanks a lot stupid detector ads,

Look I get it that you want it for kids "protection" but now for adults you can't even type comments on some videos. i cant type peppa pig's thumbnail memes on the vids now :[

MY CHANEL IS NOT FOR CHILDREN ! SORRY MY ENGLISH IS NOT THE BEST ! I HOPE I MKED RIGHT ! M. STÜMER

It's not for kids my channel

Hello, My name is Yara and I'm Brazilian I wanted to say that a lot of my stuff on YouTube came out. Example: Community Bar, Comments, and Save Videos. My channel is programmed for people ages 14 and up since kids don't watch the type of my content. But still I am forbidden to comment etc. Can you help me

My four year old girl is completely addicted to my little pony, I hope she grows out of it before she turns 13! I spend 5-20 minutes almost every day trying to exclude inappropriate age and commercially mentally manipulative content, recommended or in my four year olds' watch history, very difficult, moments ago I deleted a series of "dirty"/suggestive inappropriate for a four year old videos regarding an animated squirrel "conker" with a hangover and a privative female model in sexually suggestive activities. My four year old does not write so she can't search, all content is suggested by YouTube, I believe that videos like that squirrel & the toy videos ride the algorithms still tracking my illiterate four year old preschool child. While I am concerned of content for older ages like teen Titans which are too violent for preschool children, and annoyed by product placement adds manipulating children with unhealthy McDonald's and products, inappropriate sexually suggestive content like that of the conker squirrel or some music parody videos with a confused gender theme in the channel but unrelated to the particular song, parodied artist, smack of cyberstalking & recruiting when delivered/suggested to my illiterate four year old preschool daughter.

Coppa they made a mistake they need to switch YouTube miniplayer back the way it was and I don’t care if it’s video for kids or it safety for kids switch it back now

ok just for porn videos is good what do you do but not for music videos or christian music I am very happy it would be good for Facebook to put this restriction under 13 years

Why not give the viewer the choice if the video is kid friendly or not. I'm watching a video with cursing in it that's labeled co tent for children.... Really. This seems like a shame and I'm not pleased with your choices on how to comply with the law. YouTube is losing it's ethics on MANY fronts..

I have an idea; what if youtube let children of all ages join so children don't feel the need to lie about their age, and if the child says they are under 13, they won't be served targeted ads?

Are pets considered for kids because that's what I base my channel off of

I don’t care I’m not a kid I’m an adult I don’t need this protection take it off my YouTube

Don't identify all toy content as "child-oriented" content. For example, Plarail and Plarail Advance trains, Shinkansen, and locomotives are popular among railway fans (adults).

How can an animator know if they are under COPPA? What if you are a storytime animator and have a range of content? Are you covered by COPPA?

4,250? Sounds a little overkill there and even I seen overkill.

My all video for kids

I want to enjoy this too!

why my youtube channel is not able to subcribe what i have to do say plz plz plz plz plz plz plz

Not made for kid's my channel

I have a problem with this since YouTube or the FTC seems to be taking upon themselves to decide what content is made for kids. News reports and Political News reports are not suitable for children yet YouTube has slated plenty of VOA ,CNN, VOX, MSNBC video reports as “made for children”, talk about brainwashing. Please do something about this, they are out of control.

The whole “$42,000 per video” thing is kinda harsh,considering how some content creators almost tips over to the “for kids” market, one video that possibly be for kids could cost them THOUSANDS of dollars some content creators don’t even have that much scratch that,MOST don’t

Take the content coppa of my channel I don't have kids and I'm not a content creator

I think there should be a family content rule as-well I also think it is dumb for the comments to turn off too!

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.

You should take this child what ever off because lil kids like babies get really upset if you turn what ever they are watching off and if they try to turn another song on while the other song stop playing they are going to have a fit

Hello FTC i know your busy trying to read all the comments but, may i ask some questions, Is my channel going to be fine because my content has Schleich horses(a high quality choking hazard toy) and Gacha life( an app where you can costumize characters anything you want) because i already put mine made fir kids and other vids not made for kids, so is my channel going to be safe? Please reply because i might get fined $42000 because i rated some of my vids not for kids because I don't know my audience

Animated characters what if it's things like rick and Morty or other adult content that's animated what about anime that stuff focused towards adults and it sounds like you gonna sue the people who lost that kind of stuff

You say games like all video games are ment for children I get hints like Pokemon but not other heavy ma+ game like GTA and things like persona which have both animated characters and is a game but is still rated teens and up

Who’s idea was COPPA?

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