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How will the FTC and COPPA affect my YouTube videos?
As of January 1, 2020, YouTube will be rolling out a new policy that could adversely affect content creators across its platform. This comes on the heels of the Supreme Court ruling in favor of the FTC (The Federal Trade Commission) in which the video streaming behemoth was fined 170$ million in restitution.
YouTube was found guilty of collecting data on its viewers who were aged 13 and under, which violates COPPA (Children Online Privacy Protection Act.) Although the law was legislated in 1998, Children Advocacy groups recently took their concerns to a higher court.
The new changes affect content creators, particularly YouTubers with videos targeting children. Meaning that YouTubers must indicate if a video is suitable for children or an adult audience. Failure to comply with COPPA could result in fines of up to $43 000 per video.
As of January 1 2020, video content set to "made for kids" setting will no longer be eligible for monetization as ads will be disabled from playing during these videos. Moreover, such content will no longer be searchable or recommended on Youtube. The changes introduce a new element of fear, uncertainty and anxiety particularly with YouTubers that earn a living through YouTube's Partner Program
In response to the announcement, shockwaves were felt throughout social media platforms including Twitter, Facebook and Instagram.
What is The FTC?
The Federal Trade Commission is an independent agency that is responsible for the promotion of consumer protection and the enforcement of civil U.S. antitrust law.
In a ruling handed down by the Supreme Court, YouTube was found guilty of collecting data from persons under the age of 13 thus breaching antitrust laws. As a result, the video sharing platform was fined $170 million. In response to the ruling, YouTube has issued a statement to content providers announcing changes to the video sharing platform will take effect January 1, 2020.
What is Coppa and How Does it Affect my YouTube Videos?
COPPA stand for the Children’s Online Privacy Protection Agency. The law was legislated in 1998 and is intended to prevent the collection of data of children online.
Anyone who has ever published a video to YouTube needs to take action. You will need to log into your account and set the status of your videos to one of two options;
- Yes, it's made or kids
- No, it's not made for kids
To make things even worse, defining what exacty constitutes content made for kids remains unclear. YouTube has not been helpful in providing content creators with information outlining what defines kids content vs adult. For instance, uploads about video games can be misinterpreted as made for kids despite the average gamer being 33 years of age.
Understandably, concerned YouTubers and business owners who use the video sharing platform are hoping for clarity before the rules take effect.
When Will COPPA Take Effect on YouTube?
COPPA will take effect as of January 1, 2020.
What are The Penalties for Non-Compliance?
According to the Federal Trade Commission, fines for non compliance will be $42 530 per video.
How Do I Avoid Getting Fined by FTC for COPPA Non-Compliance?
Log into your YouTube account.
Once logged in, click on any one of your videos.
Next, click on edit video button which will take you to the video details page.
Then, scroll down to the audience section and choose which option is relevant to your video.
- Yes, it's made for kids
- No, it's not made for kids
That's it. You're done!
Now moving forward, it's probably a good idea to keep abreast of the latest developments regarding FTC and COPPA regulations. That said, now would be the perfect time to update your email address and ensure notifitications are enabled so you receive the lastest information about compliance. Better be safe than sorry.
How Do I Keep my YouTube Videos Compliant with The Federal Trade Commission’s Children’s Online Privacy Protection Act?
You'll need to login to your YouTube account to edit your videos' intended audience. If you producer videos for kids, then set its intended audience to "Yes, it's made for kids. Conversely, if your videos are intended for an adult audience, set its status to "No, It's not made for kids".
Will Setting All of my Videos to Adult Keep me Safe from COPPA?
The short answer is no and this is where things get murky. For instance, you could set a made for adult setting on a video but because you made reference to an animated character in your video, the FTC may consider your upload to be a kid-friendly video therefore exposing you to a hefty fine.
What This Means for YouTubers Moving Forward?
The future remains unclear as many suspect that the video hosting website will never be the same. That being said, the new regulations will see more content creators producing adult-themed content, such as politics, general commentary and the like. Likewise YouTubers, who for the past several years produced kid-friendly content, will no longer create content if monetization is off the table. That is to say, YouTubers who face this predicament may look to produce content suited for more mature demographic. Only time will tell.
