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
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.
: 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.