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

Asm0deusAsm0deus Member EpicPosts: 3,237
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

  • ArteriusArterius Member EpicPosts: 2,840
    edited November 2019
    Yeah it sucks. One of my favorite Youtubers named Arlo just did a piece on it. Almost 20 minutes long and he went in depth on the situation and he is worried about because he uses a puppet (that kind of looks like the cookie monster) as his character. Even though his videos aren't for kids he was like under these new rules I have to mark that I am for children because I look like a Seasume Street character.

    https://www.youtube.com/watch?v=jNzimCH4e_k&t=0s
    Asm0deus
    Currently playing: Outer Worlds (Xbox One X)

    Currently Reading: Skaven Slayer (Gotrek and Felix Book 2)

    Currently Writing: Champions of Legend Book 1 (3rd Draft)

    Currently Watching: Oz (Season 4), Soprano's (Season 1)


  • Asm0deusAsm0deus Member EpicPosts: 3,237
    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.





  • RobokappRobokapp Member RarePosts: 6,208
    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...

    image

  • ArteriusArterius Member EpicPosts: 2,840
    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.
    Currently playing: Outer Worlds (Xbox One X)

    Currently Reading: Skaven Slayer (Gotrek and Felix Book 2)

    Currently Writing: Champions of Legend Book 1 (3rd Draft)

    Currently Watching: Oz (Season 4), Soprano's (Season 1)


  • Asm0deusAsm0deus Member EpicPosts: 3,237
    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.



    Arterius

    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: 12,182
    ...joys of nanny state.
    cheeba
  • Asm0deusAsm0deus Member EpicPosts: 3,237
    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: 3,237

    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: 2,622
    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

  • NycteliosNyctelios Member EpicPosts: 3,818
    edited November 2019
    Well, it's on youtube. It has been collecting data of children users, which is against the law, and it knew it.

    Now it is holding payment hostage in channels deemed for children hoping youtubers will make a move to change public opinion against COPA.

    Youtube could simply remove the bonus revenue on target adds or change it so non-tageted adds aren't as low income for those channels.

    But Youtube won't do that. Because Youtube wants to collect data of kids so it can profit on add and sell that data too. Because children are easy target and people pay handsomely for predatory market pratices.

    Edit to add: Also, the people behind the law are human doing the oversight while Youtube is a bot running on scripts which does not understand concept just like mentioned above with the "puppet" in a non children targeted channel.

    So this only shows how Youtube kinda... puts little to no effort to do its job.
    Gdemami
    Steam ID Discord ID: Night # 6102 - GoG ID - 

    Current playing: 
    Final Fantasy XIV: A Realm Reborn - Shadowbringers; EvE Online

    "There is a fine line between consideration and hesitation. The former is wisdom, the latter is fear." Izaro Phrecius, Holy Emperor of the Eternal Empire, Last of Royal Phrecius Family.
  • Panther2103Panther2103 Member EpicPosts: 5,569
    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: 3,237
    @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: 3,237
    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.





  • xD_GamingxD_Gaming Member EpicPosts: 2,678
    I think it is a positive. Since children now have content streaming to them at 100% bandwidth, there needs to be a stop gap to make sure the content for them is appropriate 
    BetaguyGdemamicheeba
    There is a multiverse inside our minds which millions live.
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  • AmatheAmathe Member LegendaryPosts: 7,392
    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

  • NycteliosNyctelios Member EpicPosts: 3,818
    edited November 2019
    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.
    Gdemami
    Steam ID Discord ID: Night # 6102 - GoG ID - 

    Current playing: 
    Final Fantasy XIV: A Realm Reborn - Shadowbringers; EvE Online

    "There is a fine line between consideration and hesitation. The former is wisdom, the latter is fear." Izaro Phrecius, Holy Emperor of the Eternal Empire, Last of Royal Phrecius Family.
  • Asm0deusAsm0deus Member EpicPosts: 3,237
    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 EpicPosts: 6,434
    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
     
  • NycteliosNyctelios Member EpicPosts: 3,818
    Vrika said:
    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.
    The channels are not the ones who pick the ads... sigh... Youtube does that.
    Gdemami
    Steam ID Discord ID: Night # 6102 - GoG ID - 

    Current playing: 
    Final Fantasy XIV: A Realm Reborn - Shadowbringers; EvE Online

    "There is a fine line between consideration and hesitation. The former is wisdom, the latter is fear." Izaro Phrecius, Holy Emperor of the Eternal Empire, Last of Royal Phrecius Family.
  • 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 EpicPosts: 7,235
    I have a lot of videos on youtube but they are not monetized.
    Torval
    Martens: "With all due respect, madam, where are you going with this?"
    Avasarala: "Wherever I goddamn like."
  • 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: 5,569
    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). 
    Torval
  • 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
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