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YouTube’s FTC-Mandated Rules for Kids Content Infuriate Creators

Asm0deusAsm0deus Member EpicPosts: 4,027
edited November 2019 in General Gaming
What do you all think about this and how it will affect video game related content on youtube?  It's kind of scary considering the factors the FTC will be using to determine what is kid targeted is quite vague AND they, the FTC, can decide you are targeting kids, even if you are not, considering.... "Whether the video includes characters, celebrities, or toys that appeal to children, including animated characters or cartoon figures."

Dunno but gameplay video and the like could very well be an issue here.


As a creator, will I really face a fine of over $42K if I don't comply?

Potentially, yes. Under COPPA, the FTC is entitled to seek around $42,000 for each mislabeled video. If your entire channel is comprised of content aimed at kids that's going to a huge monetary penalty.




On September 4 of this year, a settlement was reached in a lawsuit brought against YouTube by the state of New York and the Federal Trade Commission (FTC), which required the goliath video sharing platform to pony up $170 million for violating the Children’s Online Privacy Protection Act of 1998 (COPPA). The settlement not only resulted in the fine, but a slew of new rules that YouTube, and therefore YouTube kids content creators, must comply with. Now, in a brief video, YouTube has outlined the new rules, and they are infuriating YouTubers, especially those who produce videos aimed at children.



Determining if your content is made for kids

Regardless of your location, we require you to tell us whether or not your videos are made for kids. We are making these changes according to an agreement with  the US Federal Trade Commission (FTC) and to help you comply with the Children’s Online Privacy Protection Act (COPPA) and/or other applicable laws. Failure to set your content appropriately may result in consequences on YouTube or have legal consequences under COPPA and other laws.

We provide some guidance on what is considered  “made for kids” below, but we cannot provide legal advice. If you are unsure whether your videos meet this standard, we suggest you seek legal counsel. 

According to the FTC’s guidance on COPPA, a video is child directed (which we call “made for kids”) if:

  • Children are the primary audience based on the factors described below. 
  • Children are not the primary audience, but the video is still directed to children based on the factors below.

When deciding whether or not your channel or video is made for kids, you should consider various factors, including:

  • Subject matter of the video (e.g. educational content for preschoolers).
  • Whether children are your intended or actual audience for the video.
  • Whether the video includes child actors or models.
  • Whether the video includes characters, celebrities, or toys that appeal to children, including animated characters or cartoon figures.
  • Whether the language of the video is intended for children to understand.
  • Whether the video includes activities that appeal to children, such as play-acting, simple songs or games, or early education.
  • Whether the video includes songs, stories, or poems for children.
  • Any other information you may have to help determine your video’s audience, like empirical evidence of the video’s audience.

Note: YouTube Analytics (YTA) is not designed to help determine if your content is child directed. You should use the factors outlined by the FTC above to set your audience.

How old is a kid? The age of a "kid" in the United States is defined as anyone under the age of 13. However, the age of a kid may be higher in other countries, so consider the factors described above as appropriate given how kid is defined in applicable laws in your country, and consult legal counsel if you have additional questions. 

Note: As a creator, you know your videos and your audience best, and it is your legal responsibility to comply with COPPA and/or other applicable laws and designate your content accurately. If you fail to  categorize your content correctly, there may be consequences on YouTube. Additionally, there may be legal consequences under the Children’s Online Privacy Protection Act (COPPA) or other applicable local laws.






Brenics ~ Just to point out I do believe Chris Roberts is going down as the man who cheated backers and took down crowdfunding for gaming.





Post edited by Asm0deus on
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Comments

  • Asm0deusAsm0deus Member EpicPosts: 4,027
    Guessing they will go after twitch next. 

    Brenics ~ Just to point out I do believe Chris Roberts is going down as the man who cheated backers and took down crowdfunding for gaming.





  • Asm0deusAsm0deus Member EpicPosts: 4,027
    edited November 2019
    Arterius said:
    Robokapp said:
    the internet existed before youtube and will exist after youtube. Its monolythical status does not equal a sign of its longevity. Things like this so late into the site's lifespan can really change its target audience's perception of it enough to spell trouble potentially. Not saying this will kill googe...but sometimes in the future when we look at what went wrong, this could be one of many things that added up...

    I don't oppose clear labeling of content, it's just an odd thing to do 15 years after the platform released...
    Well the big problem is that from what they said if a video is marked as for kids they can't run ads meaning a lot of YouTubers lose there main source of income. For smaller YouTubers that is a big hit. Also it is kind of unclear what content should be or shouldn't be for kids because I guess in the write up it says that any Video Game video should be marked for kids because video games are aimed at kids.
    No ads, no collecting data and no comments which is all fine...the problem is what they deem for kids seems to include a lots of things that do not target kids.

    Essentially it doesn't matter if  you make a disclaimer at the start of your video that this is not for kids 13 and under, or if you mark it as adults oriented...the FTC and youtube can decide that not accurate and youtube will have to take action and the ftc can fine you and it doesn't matter if you are not in the USA apparently.

    I don't think anyone minds if kid content is label as for kids etc however what's to stop the ftc from deciding your gameplay video targets kids, your animated short made for a mature adult audience targets kids.

    Take anime for example some is fine for kids some is not.  My boy has a site he watches anime on like naruto, bleach and various others but I have to always check the anime when he starts watching a new one as it's not all appropriate for a 10 year old. 

    The same kind of thing is on youtube and also includes video game content.

    For a obvious example..... all those games with lollies in them like Astellia...say goodbye to that on youtube I would think since it has child like models becuase:

    Whether the video includes child actors or models.
    Whether the video includes characters, celebrities, or toys that appeal to children, including animated characters or cartoon figures.



    [Deleted User]

    Brenics ~ Just to point out I do believe Chris Roberts is going down as the man who cheated backers and took down crowdfunding for gaming.





  • GdemamiGdemami Member EpicPosts: 12,342
    ...joys of nanny state.
    cheeba
  • Asm0deusAsm0deus Member EpicPosts: 4,027
    Gdemami said:
    ...joys of nanny state.
    FTC is federal so rather say nanny nation.  In a way this seems very China like IMO.
    cheeba

    Brenics ~ Just to point out I do believe Chris Roberts is going down as the man who cheated backers and took down crowdfunding for gaming.





  • Asm0deusAsm0deus Member EpicPosts: 4,027

    Betaguy

    Brenics ~ Just to point out I do believe Chris Roberts is going down as the man who cheated backers and took down crowdfunding for gaming.





  • BetaguyBetaguy Member UncommonPosts: 2,623
    just a sick way to control peoples freedom of expression, opinion and to hide real truths.  I am dead against it as I am advocate for our freedoms.

    image

  • Panther2103Panther2103 Member EpicPosts: 5,731
    I was reading about this yesterday, it seems like the FTC rule has been around for a while (since 1998?) and the only reason this was brought up recently was because of the 170 million dollar fine for google.

    A lot of the issue people seem to have is the flagging of your content. If you flag your content as not kid friendly, it should automatically be flagged for monetization, but the concern comes from the youtube algorythm automatically flagging content that has anything that could be considered kid friendly as kid friendly. You can manually request reviews to get it changed back, which is almost the norm already with most monetized content as people CONSTANTLY have to request reviews as youtube flags so much content as not advertiser friendly.

    Also the creators wouldn't be fined, google would as it's their platform right? I'm sure that could result in a user getting banned or some penalty but I'm not sure. 

    This rule seems to really only affect channels aimed at children to avoid google having more fines. I can see more annoyance that might come with having to get manual reviews and having to go through your backlog of videos to flag each video as not kid friendly. 

    I just can't see this being as big of a deal as it's being portrayed as, because if they went through with this, and all these creators got falsely flagged and fined massive amounts, they would go away. Youtube only makes money from creators getting views, and if all of those creators go away they lose the viewership. 
    Gdemami
  • Asm0deusAsm0deus Member EpicPosts: 4,027
    @Nyctelios You should watch the last video I posted, it explains all this and you will see youtube will be removing targeted ads towards kids etc etc.

    I think you maybe have not understood the main problems here.

    Brenics ~ Just to point out I do believe Chris Roberts is going down as the man who cheated backers and took down crowdfunding for gaming.





  • Asm0deusAsm0deus Member EpicPosts: 4,027
    edited November 2019
    I was reading about this yesterday, it seems like the FTC rule has been around for a while (since 1998?) and the only reason this was brought up recently was because of the 170 million dollar fine for google.

    A lot of the issue people seem to have is the flagging of your content. If you flag your content as not kid friendly, it should automatically be flagged for monetization, but the concern comes from the youtube algorythm automatically flagging content that has anything that could be considered kid friendly as kid friendly. You can manually request reviews to get it changed back, which is almost the norm already with most monetized content as people CONSTANTLY have to request reviews as youtube flags so much content as not advertiser friendly.

    Also the creators wouldn't be fined, google would as it's their platform right? I'm sure that could result in a user getting banned or some penalty but I'm not sure. 

    This rule seems to really only affect channels aimed at children to avoid google having more fines. I can see more annoyance that might come with having to get manual reviews and having to go through your backlog of videos to flag each video as not kid friendly. 

    I just can't see this being as big of a deal as it's being portrayed as, because if they went through with this, and all these creators got falsely flagged and fined massive amounts, they would go away. Youtube only makes money from creators getting views, and if all of those creators go away they lose the viewership. 
    Content creators will be fined, not youtube though if I read right they can be held liable which is why youtube will err on the side of caution and delete the video, marks it for kids or outright close down your channel. 
     
    They even suggest youtube creators consult a lawyer for each video they upload lmao.

    The problem is that what the FTC will be using to determine what is "for kids" is so vague it's damned ridiculous.

    Imagine getting a notice from the FTC that you are being sued for 42k because your 15 year old posted a video of minecraft gameplay.

    Watch the video this will affect more than just channels that make content for kids if it goes into effect as is right now.

    Also yes the lawsuit the FTC won is the catalyst for this.


    I mean I have always said the wild wild west of the internet days was going to come to an end eventually but this seems a little extreme.

    Dunno but this seems even more extreme than removing or banning lootboxes in your video games.

    Brenics ~ Just to point out I do believe Chris Roberts is going down as the man who cheated backers and took down crowdfunding for gaming.





  • AmatheAmathe Member LegendaryPosts: 7,630
    This is a more modern iteration of something that has been around for a long time. The FCC classified 1969's Hot Wheels cartoon as "a thirty-minute toy commercial", which pretty well killed the show. Basically they won't let you use a tv show as just a long advertisement to kids for toys. So directing this to video games is a next step.
    Gdemami

    EQ1, EQ2, SWG, SWTOR, GW, GW2 CoH, CoV, FFXI, WoW, CO, War,TSW and a slew of free trials and beta tests

  • Asm0deusAsm0deus Member EpicPosts: 4,027
    edited November 2019
    Nyctelios said:
    Asm0deus said:
    I was reading about this yesterday, it seems like the FTC rule has been around for a while (since 1998?) and the only reason this was brought up recently was because of the 170 million dollar fine for google.

    A lot of the issue people seem to have is the flagging of your content. If you flag your content as not kid friendly, it should automatically be flagged for monetization, but the concern comes from the youtube algorythm automatically flagging content that has anything that could be considered kid friendly as kid friendly. You can manually request reviews to get it changed back, which is almost the norm already with most monetized content as people CONSTANTLY have to request reviews as youtube flags so much content as not advertiser friendly.

    Also the creators wouldn't be fined, google would as it's their platform right? I'm sure that could result in a user getting banned or some penalty but I'm not sure. 

    This rule seems to really only affect channels aimed at children to avoid google having more fines. I can see more annoyance that might come with having to get manual reviews and having to go through your backlog of videos to flag each video as not kid friendly. 

    I just can't see this being as big of a deal as it's being portrayed as, because if they went through with this, and all these creators got falsely flagged and fined massive amounts, they would go away. Youtube only makes money from creators getting views, and if all of those creators go away they lose the viewership. 
    Content creators will be fined, not youtube though if I read right they can be held liable which is why youtube will err on the side of caution and delete the video, marks it for kids or outright close down your channel. 
     
    They even suggest youtube creators consult a lawyer for each video they upload lmao.

    The problem is that what the FTC will be using to determine what is "for kids" is so vague it's damned ridiculous.

    Imagine getting a notice from the FTC that you are being sued for 42k because your 15 year old posted a video of minecraft gameplay.

    Watch the video this will affect more than just channels that make content for kids if it goes into effect as is right now.

    Also yes the lawsuit the FTC won is the catalyst for this.
    Sigh....

    Is not the FTC who determines what is made for children. Youtube algorithm is sorting the channels.


    No, the FTC won't sue your channel because you have 1 puppet on it as a character - because they are humans and they understand CONTEXT.

    If I would paste here all videos I saw on the subject you would spend a week watching stuff.

    The true issue is that channels that actually are made for kids won't have targeted-adds anymore and those pay well, non-targeted adds pays nothing (for a reason).

    All the rest is just drama and misinformation. Typical Youtube content.
    Sigh....

    ....yes youtube will change it's sorting algorithm but they are changing it according to the FTC rules and regulation so yes it's the FTC that will decide for you and it's the FTC that will decide on a case by case if you mislabeled your content and they will also decide if they will sue or not.

    I imagine this will be prompted by complaints as the FTC have said it's complaints towards youtube that has prompted all this and the lawsuit they just recently won.

    Looks to me the FTC is looking to flex and make an example.

    Will be curious how this will affect youtube and the content there or if they will be very lax.  It could end up with some controversy where some creators will be sued as example or not and it may end up like the copyright troll system where your gameplay video is deleted due to possible copyright violation or the audio is removed but the video is left alone or the video is simply not available in some countries


    Now is there some rampant panicking going on sure....but with these loose and vague regulations you kind of have to expect such. 

    Will be curious to see how this all plays out.

    Brenics ~ Just to point out I do believe Chris Roberts is going down as the man who cheated backers and took down crowdfunding for gaming.





  • VrikaVrika Member LegendaryPosts: 7,584
    Nyctelios said:
    The true issue is that channels that actually are made for kids won't have targeted-adds anymore and those pay well, non-targeted adds pays nothing (for a reason).
    That's not an issue. Some advertisement techniques shouldn't be allowed at young children, and people making money out of ads directed to children will just need to learn to live with that.
    AmatheGdemamicheeba
     
  • GutlardGutlard Member RarePosts: 1,019
    Seems like it should go both ways then. If content creators have to use correct labeling on their videos, then Advertisers should as well. Then only kid-friendly ads would show up on kid-friendly channels, so creators can still have that income stream.

    I'm still not understanding the issue totally. Bad ads for kids? Ads at all? The cookie situation? Can they not disable Cookies?

    Screw convenience...

    Gut Out!
    Gdemami

    What, me worry?

  • cheyanecheyane Member LegendaryPosts: 8,666
    I have a lot of videos on youtube but they are not monetized.
    [Deleted User]
    Chamber of Chains
  • GutlardGutlard Member RarePosts: 1,019
    cheyane said:
    I have a lot of videos on youtube but they are not monetized.
    Could you still possibly get sued though?

    My 11yo son posted a few vids and then moved on with his ADHD self...should I mark his vids for kids just to make sure he doesn't get sued??

    Gut Out!

    What, me worry?

  • TEKK3NTEKK3N Member RarePosts: 1,115
    It’s maybe time for a new Youtube which is not based in the US.

    Today Youtube is just a place where you watch trailers and TV repeats.
    All the interesting content has been censored or heavily regulated.

    I am sure there is room for a new video platform out of reach of US regulators (or even worse the EU).
    GdemamiAsm0deus
  • Panther2103Panther2103 Member EpicPosts: 5,731
    TEKK3N said:
    It’s maybe time for a new Youtube which is not based in the US.

    Today Youtube is just a place where you watch trailers and TV repeats.
    All the interesting content has been censored or heavily regulated.

    I am sure there is room for a new video platform out of reach of US regulators (or even worse the EU).
    It isn't as easy as just opening up another video platform outside of the US. The userbase for youtube is so large that competition is largely impossible because the viewership on a new platform is so small. Youtube is literally pre installed on phones and TV's. It's the go to for most people looking up any video. It's essentially what happened with the search engine war too. Sure some people use bing, and a smaller fraction use duckduckgo but ask anyone a question they don't know, and how often are they going to go to google? Probably 99.5% of the time.

    I can't imagine content creators giving up the potential large viewership to try a new platform. Vimeo tried, but doesn't look like much happened there. I can't honestly even think of another platform that has been successful enough to get more than a couple hundred views on videos. If you actually just want a platform that is 100% not subject to laws like this, then I'm sure there are options, but they are definitely going to be really heavy on specific types of content as the user bases are usually super small and super centered around some specific thing (like when people left reddit for voat and all of voat was essentially just those angry users talking amongst eachother). 
    [Deleted User]
  • TEKK3NTEKK3N Member RarePosts: 1,115
    Not true, social media comes and go.

    The younger generation decides what’s cool and what isn’t.
    And Youtube stopped being cool ages ago, Twitch is kind of taking over its legacy, until they too will put strict regulation in place that will alienate their main content providers which are Teenagers.

    Most of Youtube content is made by young people and the most popular Youtubers are (were) Teenagers.
    Sure most Youtubers are not teenagers anymore, but the lifeblood of this type of media are the younger generations which tend to ignore established over regulated media, preferring outlets with fewer or no rules.


    Asm0deus
  • tawesstawess Member EpicPosts: 4,227
    The problem with "Whether the video includes characters, celebrities, or toys that appeal to children, including animated characters or cartoon figures." is that ANYTHING can appeal to children... George Carlin was appealing to children... 

    Now i highly doubt that someone would go after even a channel like Jazza or Jacksepticeye if they mislabel stuff or do some Kingdom Hearts content... But until a few fines have been metered out we do not know what they will be targeting and it is harsh to ask someone to take that blow. And to be bloody fair getting rid of most of the creepy and abusive "kids content" is almost worth it. But just almost... 

    But this is ofc a blessing in not that much disguise for Youtube/google... Seeing that they have wanted to drive all but the most profitable channels away for years. Now they have a chance to kill of a bunch more. 

    This have been a good conversation

  • anemoanemo Member RarePosts: 1,903
    Well you'd be an idiot to think that this wasn't coming.

    You can't have retards like Jake Paul showing dead bodies on a channel mostly for people under 18.   PewDiePie spouting racial slurs on a stream, or siccing 13 year olds after "thots" on twitter.   And worse YouTube explicitly set up to reward such drama by featuring the videos/channels more predominantly (to the point that YouTube creators purposefully bake drama into their finical planning as a way of growth). 

    Frankly it's pretty clear that the rules that the FTC choose for YouTube to follow for COPPA were made by utterly exasperated, exhausted, and underfunded departments that are just sick of being forced to think about YouTube and the complaints that it generates.   And especially the complaints that would be generated again if their first actions weren't effective.
    Gdemamicheeba

    Practice doesn't make perfect, practice makes permanent.

    "At one point technology meant making tech that could get to the moon, now it means making tech that could get you a taxi."

  • WizardryWizardry Member LegendaryPosts: 19,332
    First of all the FTC is a big time joke that does VERY little investigating and especially to the general public complaints.
    it takes a big payoff for the FTC to act,a sure win in the courts.

    I can just point a finger at Wizard 101,a definite kid targeted game but has never been fined for gambling purchases and even media videos that are nothing more than advertisements to the cash shop.Their obvious denial would be that all purchases are made by adults,well doh,yeah a kid can't use a CC...obviously,the fact it that it is the INTENT to target the kids first,then the parent moves in with the CC.

    As to this whole You Tube thing,there is likely a lot more to it,especially knowing how little the FTC actually performs it's DUTIES.

    So there are two things here,You Tube is trying to cover it's ass by denouncing such material.The reason this simple lame approach works is because You Tube would just claim it has millions and millions of viewers and cannot police every single user all the time.On the other hand the FTC is looking for more big paydays and wants vague guidelines so that they alone control the outcome/results.
    So i am sure that YouTube/Google are such a large entity they feel the heat coming from the governing bodies.My point is that i do not for one minute feel You Tube cares about ANY of it's content,this is all just legal mumbo jumbo.
    Gdemami

    Never forget 3 mile Island and never trust a government official or company spokesman.

  • NorseGodNorseGod Member EpicPosts: 2,654
    Who let's their kids on the internet, unsupervised? And why is it my problem?
    AlBQuirkycheebaAsm0deus
    To talk about games without the censorship, check out https://www.reddit.com/r/MMORPG/
  • cheyanecheyane Member LegendaryPosts: 8,666
    Gutlard said:
    cheyane said:
    I have a lot of videos on youtube but they are not monetized.
    Could you still possibly get sued though?

    My 11yo son posted a few vids and then moved on with his ADHD self...should I mark his vids for kids just to make sure he doesn't get sued??

    Gut Out!
    Well, hmm, I think it related to the advertising no ?
    Chamber of Chains
  • HorusraHorusra Member EpicPosts: 4,411
    TEKK3N said:
    It’s maybe time for a new Youtube which is not based in the US.

    Today Youtube is just a place where you watch trailers and TV repeats.
    All the interesting content has been censored or heavily regulated.

    I am sure there is room for a new video platform out of reach of US regulators (or even worse the EU).
    FTC will still go after US based content makers if making revenue and aimed at US viewership.
  • Asm0deusAsm0deus Member EpicPosts: 4,027
    edited November 2019
    cheyane said:
    Gutlard said:
    cheyane said:
    I have a lot of videos on youtube but they are not monetized.
    Could you still possibly get sued though?

    My 11yo son posted a few vids and then moved on with his ADHD self...should I mark his vids for kids just to make sure he doesn't get sued??

    Gut Out!
    Well, hmm, I think it related to the advertising no ?
    No, it's also about protecting the kids which is why vid marked as for kids will not be able to have comments enabled etc.

    The way it is written you can get sued for having the wrong tags period regardless of it being monetized or having adverts or not. 


    Brenics ~ Just to point out I do believe Chris Roberts is going down as the man who cheated backers and took down crowdfunding for gaming.





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