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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.

 
 
 

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Guest
February 19, 2020
Good job COPPA, you’re making the world more homeless and less creative please FIX IT
Guest
November 25, 2019
Parents should be the ones responsible for what their children see on the Internet. YouTube is a 13+ site so if children younger than that get on the site then it's the parent's responsibility. YouTube was never meant for young children and it's obvious considering that most content creators are older teens and adults creating content for their respective age groups.
Guest
November 25, 2019
specifics please, being vague is very confusing and it seems as if nothing entertaining is allowed to be posted. literally sucking the fun out if it. LITERALLY
Anon
November 25, 2019
Still absolutely vague. We need specific definitive guidelines. You use words like "may" and "can" and "might". People's lives are at stake here, you can't just use these broad guidelines and expect people to know where their content stands. There should be absolutely zero room for different interpretations. And also, content creators shouldn't be considered as "operators" of a site because we have no power over Google's collection of data. We aren't the ones collecting data, it makes no sense.
Sgers11
November 27, 2019

In reply to by Anon

The thing is, since youtube is such a wide plat from, it can be extremely difficult to create exact guidlines and what does and doesnt count. If they happen to make it more specific, there will be much more chances for channels to slip over the line either way and we will still have a problem.
Chrizzul
February 20, 2020

In reply to by Anon

They leave it vague like that as an open loophole. That way they can pick and choose who to actually harass. Saying it like that, they sound like bullies.
Paige Lacey
November 25, 2019
So will they possibly be taking down those channels directed toward children and also if you take down ads directed toward children what will actually happen to the child friendly channels they need ad revenue.
Nolan R.
November 25, 2019
I personally do not think that this new rule will affect me, because I make videos for entertainment and not for money, but all of my favorite Youtubers, who do Youtube full time for money, will most likely have to do 1 of 2 things. 1. They will have to make videos for adults only, therefore, I won't want to watch them anymore. 2. They have to find a new source of income that does not involve making things that other people will enjoy. Like I said, this will not affect me, but I am concerned for the people that I love watching everyday. And the amount of money they are fined if they incorrectly mark their videos, that is life destroying numbers! This could demolish Youtube as a platform as we know it! I hope you guys and gals at the FTC will rethink these new guidelines before you permanently ruin some peoples full time jobs.
Ghost Makuzaki
November 25, 2019
I believe that clarification is required especially for video games, as there are games not made for children (Rated Teen(13+),M(17+), and Adults Only(18+) respectively by the ESRB) that use colorful art styles. This will help many channels that do Let's Plays determine if their content is kid friendly or not and prevent literally HUNDREDS of channels from being flagged as "Kid Friendly" when the game or whatever content the creator is playing is NOT MADE for that audience. Not only will this help define what is "Kids Friendly" and what is not. It will also lighten the load and lower potential costs of fines, fees, and otherwise to the FTC, YouTube, AND content creators as a whole.
LanceTheManipulor
November 25, 2019
I see a problem here. You will kill the profits of youtubers that have FAMILIES. You will kill businesses. You will ruin the most enjoyable things for most people. This will cause SO MANY PROBLEMS that I haven't listed. If you actually read this, thank you for your time. Please take heed of my call and try to find another way.
Miles wright
November 25, 2019
Shouldn't you just make underage kids not Use youtube
Guest
November 25, 2019
This entire issue is very unfair to everyone on YouTube. If this new policy takes effect, people may lose their jobs because of COPPA. And for that matter, I don’t understand the logic here. COPPA is supposed to protect kids, right? So if a video or a channel is marked for kids, they won’t even be able to find those videos, they will basically be hidden away somewhere where the kids can’t easily find it. Meanwhile, people will upload content that’s not suitable for kids, in fear of COPPA. What do you think the kids will do? Leave the internet and go play outside? no, they won’t. Let’s be real here, they are going to watch the content they can find, which will be content that’s not suitable for them. So this will more likely hurt them rather than protect them. Please, reconsider these new rules.
Guest
November 25, 2019
This rule gets rid of most content creaters
Guest
November 25, 2019
FTC, This whole COPPA will affect YouTube drastically. It will affect many YouTubers that get money only from YouTube, as it is their full time job. And another thing, parents knowingly give kids the ability to watch YouTube in their devices or on the kids devices. That sounds like parental consent to me. If your worried about the safety of the kids, then let the parents manages this. It is their kids after all.
M
November 25, 2019
Why are content creators being targeted anyway? Wasn't it the platform (Youtube, Goggle) that broke COPPA law? So why are the users of the platform being held accountable? Shouldn't the platform itself be held responsible? I do very much understand and approve of the need to protect children, but the whole thing is still a bit confusing.
Ninga Gaming(Bashir)
November 25, 2019
well this rule when it was made was thinking about one thing and not other things like youtubers lifes may end peoples dream of becoming great youtubers will end bec of some rule and isnt there youtube kids what is it for than its not our problem that parents give there children there phones and youtube its there own resposiblity(miss spelled sorry) please think about it bec this rule isnt gonna be to keep children safe well its gonna hurt them becuase there is nothing to watch on youtube
Guest
November 25, 2019
Please don’t add this because it will destroy so many youtubers dreams because most of them do this as a job and they do it for fun, so you doing could make people bankrupt
AşhleyRPG
November 25, 2019
We need to stop this COPPA.
Brandon
November 25, 2019
Dear FTC, The Rules proposed here are FAR too vague and pretty much every type of content on Youtube is liable for Coppa if this is the case. Many Adults play video games , many adults play games , and adults don't only watch politics and videos on housing/banking. Many of us enjoy comedy entetainment which requires Pop Culture references , bright colors and loud music. Youtubers should not be fined such an absurd amount on money for incorrectly labelling videos because the rules themselves aren't definitive but subjective. A Video might have a significant amount of child viewers despite the fact that the intended audience was supposed to be adults , or vice versa. Most of us youtubers can't pay our rent on Youtube income alone , we would not be able to pay such strenous fines without being bankrupt and our entire lives being destroyed. FTC I urge you to very very very clearly state the what is child content, what completely disqualifies content as child unfriendly , to reduce the fines for laymen and to completely disgregard any fine if the video's recommended audience was changed by the Youtube Algorithim . Youtube already has an age gate that restricts users below 13 years of Age to access the site. Please also take note that there is no Youtuber collecting data on any of Youtube's viewers/visiters , we do not have access to the data collected by Youtube/Google... we are not operators of this platform. They do not show us what they do with the data or tell us how much data they have in the first place. We are not in control of anything that goes on on Youtube itself.. We do not decide whether or not Youtube collects data on children. And we ask of you to DEMAND that Youtube gives Creators an option for the Mixed Audience option , as of now Youtube is in violation of COPPA by refusing to add the three options stated in Coppa. That being "This video is intended for Children" , "This video is not intended for Children" and "This video is intended for General Audience" . Youtube has not added this option for a general audience , more than likely because they still intend to steal data from children but they instead have thrown the blame at us, Content Creators instead despite the fact , we have no control over what data they are taking. Thank You , Brandon
M
November 25, 2019
Many content creator youtube channels have entire teams of people at work for them and function as internet-based "TV stations" which create their own shows. Those that have their videos marked as "for kids" have no means of making money from them under youtube's implementation of COPPA law. Said creators can't even make sure those videos are viewed by their audience and are unable to get needed audience feedback for them. Many such creators stand to lose their main--and for some, their only--source of income because of this. How will the FTC address those concerns?
Duck Tornado
November 25, 2019
What if there is an old YouTube account that I can’t access because I forgot my password or something like that. Will I still get fined?
Emeraldsquid
November 25, 2019
I love all sorts of channels. Please don’t change them.
janakowski
November 25, 2019
This is absolutely ridiculous and the wrong approach. It is not Youtube nor the creator's responsibility to monitor what kids are watching. That is their parents responsibility and the purpose of the Youtube Kids app. In order to sign up for youtube, you must be 13 years of age or older. It is not the creators fault if a child younger than that lies while signing up. And it is, once again, the parent's responsibility to monitor their children. COPPA is going to ruin so many loved channels and creators, and possibly the entire platform of Youtube.
T Walsh
November 25, 2019
This didn't need to happen. An automated system will flag up content that it thinks is for kids, whereas it's actually not. I've had to delete a load of videos from my channel because they're gaming videos (for kids), but with curse words (not for kids). It's honestly confusing, and $42,000 fines? That would make most content creators homeless. It's the parents who should be taking care of what children see on the internet rather than some automated system and the FTC. It's honestly madness.
Guest
November 25, 2019
I am all for protecting children. One thing to please reconsider is ‘allowing ‘searchability’’. To me that is one thing that helps parents FIND safe content. When they can search those channels they already KNOW are safe, it is better. Otherwise children and families cannot find the safe channels. It makes no sense on this one. Allow children’s channels that are safe to be searchable please!
Guest
November 25, 2019
My animation videos are not directed to children . So do I mark those videos for kids or not for kids ? Pls answer I have no idea what to do . I am confused .
James
November 25, 2019
As many have said and will continue to say until things are revised and/or explained better, your wording on the rules is far to vague. Also, the fines you mentioned. Is there a warning issued first or do you jump straight into finning folks? If this is aimed at protecting children from advertisers why is it allowed on children’s programming on cable/satellite? Instead of making vague statements that don’t let anyone know any actual information you need to express your intent outright, especially as this could/will affect many content creators and their livelihoods. Side note, crack down on network television the same way so everyone is on a somewhat level playing field.
Caitlyn Stanfield
November 25, 2019
I urge the FTC to reconsider or at the very least clarify these guidelines. In this modern age, children are all over the internet, and parents will even introduce to them the means to use it at very young ages. I myself have witnessed countless parents simply hand tablets and smartphones over to toddlers to allow them to watch videos on YouTube. In fact, virtually every parent I have encountered allows their child to watch YouTube, supervised or otherwise. In addition, every parent I have asked does not mind personalized ads being shown to their children. These things sound like consent to me, and I urge the FTC to take what these parents are saying with their actions into consideration, or to require a consent system easily accessible to parents in today's day and age. I urge the FTC to not force YouTube creators whose income and livelihoods depend on it to disable personalized ads, and to not enforce these guidelines against creators on YouTube until it's review of COPPA is complete. I also urge the FTC to clarify what is meant by "child-directed," "child-oriented activities and incentives," and to not expand these guidelines to cover "child-attractive" content. I also urge the FTC to be working with people and organizations such as YouTube and Google who understand what YouTube really is, how it really works, and how people, parents, and children use the internet in 2019. Thank you for thinking of children and for taking public comment on this matter into consideration.
anonymous112
November 25, 2019
Fining people $42,530 is stupid. People could go bankrupt if accidentally not abiding by COPPA rules. Plus even if it’s a US company everyone around the world are also effected.
Guest
November 25, 2019
very vauge to be a million dollar company
H
November 25, 2019
There is a differerence between family friendly and child friendly. If this passes the way it is, with how vague it is, many family friendly channels are going to be ruined. I love collecting toys, and I am a adult. So some of my favorite channels that is about collecting and reviewing toys are going to be taken away.
Guest
November 25, 2019
Stop
H
November 25, 2019
With how vague this law is, it’s going to ruin many lives of content creators. Their jobs, their livelihoods are at risk if this passes the way it is now. It’s not fair, let the parents be concerned with their own children.
Guest
November 25, 2019
I still don't understand why the revenue has to be cut by 90% or that the creators can be fined up to 42 thousand dollars per violation. This will end up scaring content makers into making their content much more mature and that, in turn, will end up with much less family-friendly videos to watch. Kids aren't going to just stop watching YouTube, they're going to watch and get influenced by the not kid-friendly videos. Obviously, this situation could have been avoided if YouTube Kids was designed to appeal more to actual kids than to babies and toddlers, but in the end, it's not the fault of the creators that parents are neglecting their children and using YouTube as a babysitter.
YouTube Is Dead
November 25, 2019
Hello, FTC. I wanna know if Gacha Life/studio/verse videos are considered children targeted? Gacha Life, Gacha Studio and Gachaverse are chibi cartoon dress up games. Kids are using it to create scenes and stories to post in YouTube website. The Gacha content will get affected?
Guest
January 10, 2020
it is too vague. i do a craft channel it is directed towards adults. i diamond paint. other crafters in my community also do adult coloring. many craft channels may have in background adult color books or color pens. that can be seen in the background in their storage system etc when they do a video even though they not doing a coloring video in diamond painting there always bright colors no matter what. i thought i been living in us where i was protected by our constitution. yes this is a clear violation of the freedom of speech.
Guest
November 25, 2019
This will more likely cause havoc rather than protect anyone. You will be destroying families and the kids will suffer from this. You monsters!!
Guest
November 25, 2019
There is already a YouTube kids app in place, if kids went on regular YouTube without parent's permission that isn't the creators fault, but the parent's for not monitoring the online activity of their children
Guest
November 25, 2019
Protecting America's consumers by eliminating their cause of income.
Guest
November 25, 2019
I'm a channel creator of model trains, model vehicles, plastic kits of cars, trucks, ships and radio controlled vehicles. My models are not for children under 14 years of age! The manufacturers have that listed on all of their products! I wouldn't let a 14 year old or under age child handle my models! They are too expensive and model trains work with electricity! Now I understand that a model train running around the Christmas Tree or around a club layout may be interesting to a child, they still ARE NOT TOYS! Children would not be able to buy these at the local WalMart! Some pieces are collector items in the price range of up to $3000-$5000! Yes, model trains that cost $3000! RC(Radio Controlled) are very expensive as well! So my videos may be interesting to children under 13, they are not intended for children under 13 years of age!
Guest
November 25, 2019
As much as I am happy that the content creators shouldn't be afraid of uploading videos, I'm concerned for other YouTubers. Once 2020 arrives, will the main YouTube be the same? Or will it fall into pieces. I personally think that the rules as of right now shouldn't be changed. Main YouTube is for individuals who are at the age of 13 or over. I ask you as well as COPPA at the bottom of my heart, please do not take down the channels we have come to love such as gaming channels and animated channels. Please do not take down our channels as well.
Guest
November 25, 2019
So, if muy channel Is about videogames, is not for kids? I still don't understand.
Katherine Brooks
November 25, 2019
Please reconsider COPPA. It will destroy innocent people who made YouTube their full-time jobs. All they do is express their ideas on a platform. By censoring YouTube, it will hurt these people's First Amendment Right. They shouldn't have to suffer for expressing themselves.
Guest
November 25, 2019
FTC if your actually reading this comment stop youtube is a platform that thrives the people who run it get payed the people who make the content get payed and the people who watch the content either get a kick out of it learn something or are a fan of the content creator its a universal platform that helps and entertains so stop this act can put familys into poverty shut down bisnises and attract a lot of hate towards you so stop
Guest
November 25, 2019
There is many channels that repaint dolls that might be deemed as for kids even though they're an art channel that uses many chemicals and tools that aren't for kids...there are many channels that are in this gray area of content that might be intended for everyone, but marked as for kids...this will substantially decrease their income... What are they supposed to do now? Use explicit language in every video to not be marked as for kids Please take time to thoroughly make rules and guidelines...so creators aren't just playing a legal guessing game Real people's lives are at stake here
FTC Staff
January 10, 2020

In reply to by Guest

Adding violence, blood, explicit language or other elements to content will not necessarily mean that the content is not child-directed. As described in the blog, the FTC will consider the factors set forth in the Rule to determine whether content is directed to children.

Lucy
November 25, 2019
I do family friendly animation. So do I put for kids?
Guest
November 25, 2019
I hate this so much!!! Some of my favorite YouTubers have to cancel their entire channel thanks to coppa. Yeah it has cartoons, vibrate colors, jokes, and other silly stuff but older kids and adults can like that too. So you can’t say that only Kids can watch it. Anyone can, why because they want to. Coppa and TFC is being totally unfair. Bye
Jake
November 25, 2019
Now for example couldn't you enforce the users to just put 14+ for this animations because if you were to enforce this we could still enjoy this animated content but because of the 14+ it would tell the kids and parents that this animation is directed to the older demographic because I want to enjoy these and not have them taken off.
Guest
November 25, 2019
if the animated character done tons of violence, are you sure those are for child?

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