YouTube and COPPA: Is it Geared to Kids or Not?

Paragraph 10 of 15 USC 6501 states that a website or online service directed to children is a website where all or a portion of the website is targeted to attract children (a person under the age of 13). This is an incredibly vague description. In an attempt to clarify if a channel is “directed to children,” the FTC has released an advisory that sheds more light on what content may be at risk.

The FTC states that a channel owner must look to the intended audience in determining what content might be protected by COPPA. Is that audience under 13? Let’s take a look at the factors that apply.

1. The subject matter:
   • If you are talking about the best way to file your taxes then you need not worry about COPPA as it is clear that your target audience is adults conducting adult activities. (Make sure that you are not doing this in a Barney Costume as that may be considered children directed.)
   • If you are doing a show discussing the Marvel Cinematic Universe or reviewing comic books, it will depend on many of the factors below as the topic itself may or may not be actionable.
2. visual content:
   • Do you have children’s toys in the background? Are there children in the background? These are the factors that they will look at in determining the target audience.
3. the use of animated characters or child-oriented activities and incentives:
   • Did you have an artist draw the Teenage Mutant Ninja Turtles playing with hot-wheels and flossing? Probably going to be directed to children.
4. the kind of music or other audio content:
   • If you have kids’ songs, its most likely going to be geared for children.
5. the age of models:
   • The younger the model the more directed to children.
6. the presence of child celebrities or celebrities who appeal to children:
   • Justin Bieber in 2011? Again, most likely child directed.
7. language or other characteristics of the site:
   • If it looks like it was written for a children’s book it will set off red flags.
8. whether advertising that promotes or appears on the site is directed to children, and:
   • If there are children’s ads in the content.
9. competent and reliable empirical evidence about the age of the audience:
   • If you state that you are directing to children, or the vast majority of your audience are children.

The main takeaway is that the field and the regulation is full of uncertainty. The FTC and a court always look at the “totality of the circumstances.”  Just as the phrase describes this means that they will look at everything and then make a decision. This means that although the intent of the channel owner will be taken into account, it truly DOES NOT MATTER WHAT YOUR INTENTIONS WERE IF IT LOOKS LIKE YOU WERE DIRECTING YOUR CONTENT TO CHILDREN.   Additionally, this applies equally to all platforms, YouTube, Twitch, Mixr, etc.