Since its founding in 2005, the American video-sharing website YouTube has been faced with a growing number of privacy issues, including allegations that it allows users to upload unauthorized copyrighted material and allows personal information from young children to be collected without their parents' consent.
In September 2024, the Federal Trade Commission released a report summarizing 9 company responses (including from YouTube) to orders made by the agency pursuant to Section 6(b) of the Federal Trade Commission Act of 1914 to provide information about user and non-user data collection (including of children and teenagers) and data use by the companies that found that the companies' user and non-user data practices put individuals vulnerable to identity theft, stalking, unlawful discrimination, emotional distress and mental health issues, social stigma, and reputational harm. [1] [2] [3]
On March 12, 2007, Viacom sued YouTube, demanding $1 billion in damages, said that it had found more than 150,000 unauthorized clips of its material on YouTube that had been viewed "an astounding 1.5 billion times". YouTube responded by stating that it "goes far beyond its legal obligations in assisting content owners to protect their works". [4]
During the same court battle, Viacom won a court ruling requiring YouTube to hand over 12 terabytes of data detailing the viewing habits of every user who has watched videos on the site. The decision was criticized by the Electronic Frontier Foundation, which called the court ruling "a setback to privacy rights". [5] [6]
In April 2018, a coalition of 23 groups (including the CCFC, CDD, and Common Sense Media) filed a complaint with the Federal Trade Commission, alleging that YouTube collected information from users under the age of 13 without parental consent, in violation of the Children's Online Privacy Protection Act (COPPA). [7]
In September 2019, YouTube was fined $170 million by the FTC for collecting personal information from minors under the age of 13 (in particular, viewing history) without parental consent, in order to allow channel operators to serve targeted advertising on their videos. In particular, the FTC ruled that YouTube was partly liable under COPPA, as the service's rating and curation of content as being suitable for children constituted the targeting of the website towards children. [8] In order to comply with the settlement, YouTube was ordered to "develop, implement, and maintain a system for Channel Owners to designate whether their Content on the YouTube Service is directed to Children." YouTube also announced that it would invest $100 million over the next three years to support the creation of "thoughtful, original children's content". [9] [10]
YouTube began to implement its compliance approach in November 2019, in line with its settlement with the FTC. All channels are required to declare if their content is "made for kids", either as a blanket claim for their entire channel, or on a per-video basis. The company stated that a video was considered "made for kids" if its primary audience was children, or was "directed" to children based on various factors as guidelines (even if they are not the primary audience), including use of child actors, "characters, celebrities, or toys that appeal to children", depictions of "activities that appeal to children, such as play-acting, simple songs or games, or early education", and poems, songs, and stories intended for children, among others. YouTube would employ machine learning to find videos that they believed were clearly "made for kids" and automatically mark them as such, but would not help or advise content creators for videos that fall into unclear categories, as this constituted legal advice. [11] [12] [13] Liability for failing proper marking channels or videos as "made for kids" would fall onto the channel owners, with the FTC being able to issue up to $42,530 fines per infringing video, though the FTC clarified that the amount would be based on "a company's financial condition and the impact a penalty could have on its ability to stay in business". [14]
Beginning in January 2020, videos marked as being "made for kids" carry restricted functionality in order to prevent data collection from minors: social and community features such as end screens and other widgets, notification functions, and comments are disabled, and videos can only be monetized with contextual advertising based on the video's metadata. [12] [9] [13] [15]
The new policies have faced criticism, with some channel owners having considered YouTube and the FTC's guidance to be unclear in certain edge cases, such as video gaming (where content may typically be directed towards teens and young adults, but may still contain characters that appeal to children). They also noted that according to YouTube, a lack of targeted ads could reduce a video's revenue, and that the lack of social features might impact the ability for their videos to receive promotion. [12] [13] Videos marked as "made for kids" were also excluded from Google search engine results, further lowering revenue for content creators. [14] Content creators who were unsure of whether their content was "made for kids" argued they would either need to preemptively mark their videos as such or make their videos private, or otherwise would be at risk of being fined by the FTC. [12] [13]
The legal language of COPPA offered the ability for content to be marked for "mixed audience", which would allow for data collection from the viewers once the viewer had identified themselves of being 13 years or older. YouTube's decision not to include a "mixed audience" as a third option has been criticized, since this option would alleviate content creator concerns. [16] [17] YouTube had stated in their information page related to the COPPA requirements that "there are some complexities with the mixed audience category" which they have submitted to the FTC during public comment periods, and in the interim "decided to streamline the options for creators by creating a single 'Made for kids' category to avoid further confusion in an already unclear space." [18]
FTC commissioner Rebecca Kelly Slaughter noted in dissenting remarks that many of the child-directed channels on YouTube were run by owners outside of the U.S., which may fall outside the jurisdiction of COPPA and the FTC's "practical reach". [19] The FTC issued a blog post on November 22, 2019, to clarify what it considered "made for kids" and that several factors will be used to make this determination, and that it recognized that some types of content, like animated programming, can appeal to all ages and would not immediately become subject to COPPA's requirements. The FTC also directed creators to its original complaint against YouTube, identifying channels and video content that they considered to be under COPPA that was the basis of their case. [20]
On December 10, 2019, citing the aforementioned criticism, YouTube filed comments with the FTC requesting clarity on its rules, citing the aforementioned edge cases. [21] YouTube started treating all videos designated as "made for kids" as liable under COPPA on January 6, 2020, [22] resulted in some videos that contain drugs, profanity, sexual content, and violence, along side some age-restricted videos, also being affected, [23] despite YouTube claiming that such content is "likely not made for kids". [24]
The Children's Online Privacy Protection Act of 1998 (COPPA) is a United States federal law, located at 15 U.S.C. §§ 6501–6506.
YouTube is an online video sharing platform owned by Google. YouTube was founded on February 14, 2005, by Steve Chen, Chad Hurley, and Jawed Karim, three former employees of PayPal. Headquartered in San Bruno, California, United States, it is the second-most visited website in the world, after Google Search. In January 2024, YouTube had more than 2.7 billion monthly active users, who collectively watched more than one billion hours of videos every day. As of May 2019, videos were being uploaded to the platform at a rate of more than 500 hours of content per minute, and as of 2021, there were approximately 14 billion videos in total.
Google and its subsidiary companies, such as YouTube, have removed or omitted information from its services in order to comply with company policies, legal demands, and government censorship laws.
Criticism of Google includes concern for tax avoidance, misuse and manipulation of search results, its use of others' intellectual property, concerns that its compilation of data may violate people's privacy and collaboration with the US military on Google Earth to spy on users, censorship of search results and content, its cooperation with the Israeli military on Project Nimbus targeting Palestinians and the energy consumption of its servers as well as concerns over traditional business issues such as monopoly, restraint of trade, antitrust, patent infringement, indexing and presenting false information and propaganda in search results, and being an "Ideological Echo Chamber".
YouTube is an American online video-sharing platform headquartered in San Bruno, California, founded by three former PayPal employees—Chad Hurley, Steve Chen, and Jawed Karim—in February 2005. Google bought the site in November 2006 for US$1.65 billion, since which it operates as one of Google's subsidiaries.
Edmodo was an educational technology platform for K–12 schools and teachers. Launched in 2008, it enabled teachers to share content, distribute quizzes and assignments, and manage communication with students, colleagues, and parents. The service was shut down on September 22, 2022.
Snapchat is an American multimedia instant messaging app and service developed by Snap Inc., originally Snapchat Inc. One of the principal features of the multimedia Snapchat is that pictures and messages are usually available for only a short time before they become inaccessible to their recipients. The app has evolved from originally focusing on person-to-person photo sharing to presently featuring users' "Stories" of 24 hours of chronological content, along with "Discover", letting brands show ad-supported short-form content. It also allows users to store photos in a password-protected area called "My Eyes Only". It has also reportedly incorporated limited use of end-to-end encryption, with plans to broaden its use in the future.
YouTube Premium is a subscription service offered by the American video platform YouTube. The service provides ad-free access to content across the service, as well as access to premium YouTube Originals programming produced in collaboration with the site's creators, downloading videos and background playback of videos on mobile devices, and access to the music streaming service, YouTube Music, along with other benefits. It has over 100 million subscribers.
YouTube copyright issues relate to how the Google-owned site implements its protection methods. The systems are designed to protect the exclusivity of a given creator and owner and the rights to reproduce their work. YouTube uses automated measures such as copyright strikes, Content ID and Copyright Verification Program. These methods have been criticized for favoring companies and their use of copyright claims to limit usage of uploaded content.
Google's changes to its privacy policy on March 16, 2012, enabled the company to share data across a wide variety of services. These embedded services include millions of third-party websites that use AdSense and Analytics. The policy was widely criticized for creating an environment that discourages Internet innovation by making Internet users more fearful and wary of what they do online.
YouTube Kids is an American video app and website for children developed by YouTube, a subsidiary of Google. The app provides a version of the service oriented solely towards children, with curated selections of content, parental control features, and filtering of videos deemed inappropriate for viewing by children under the age of 13, in accordance with the Children's Online Privacy Protection Act, which prohibits the regular YouTube app from advertising to children under the age of 13.
Elsagate is a controversy surrounding videos on YouTube and YouTube Kids that were categorized as "child-friendly", but contained themes inappropriate for children. These videos often featured fictional characters from family-oriented media, sometimes via crossovers, used without legal permission. The controversy also included channels that focused on real-life children, such as Toy Freaks, that raised concern about possible child abuse.
Ryan's World is a children's YouTube channel for children aged 2–6 featuring Ryan Kaji along with his mother, father, and twin sisters.
TikTok, whose mainland Chinese and Hong Kong counterpart is Douyin, is a short-form video hosting service owned by Chinese internet company ByteDance. It hosts user-submitted videos, which can range in duration from three seconds to 60 minutes. It can be accessed with a smart phone app.
Cocomelon is a children's YouTube channel operated by Candle Media-owned Moonbug Entertainment. The channel specializes in 3D animation videos of traditional nursery rhymes and original children's songs. As of May 2024, Cocomelon is the 3rd most-subscribed and 2nd most-viewed channel on YouTube.
Meta Platforms, Inc., has been involved in many lawsuits since its founding in 2004.
A kid influencer is someone under the age of 18 who has built or is building a presence on social media platforms creating content to generate views and engagements, that is often sponsored. Kid influencers operate in a similar fashion to adult influencers; they share their hobbies and personal activities with their audiences, while also marketing products that align with their brand through paid partnerships. Many social media platforms have an age minimum requiring users to be at least 13 years of age or older to hold their own accounts. This requirement results in many of the pages being run alongside the parent/guardian of the child when they are under the age requirement.
The Age appropriate design code, also known as the Children's Code, is a British internet safety and privacy code of practice created by the Information Commissioner's Office (ICO). The draft Code was published in April 2019, as instructed by the Data Protection Act 2018 (DPA). The final regulations were published on 27 January 2020 and took effect 2 September 2020, with a one-year grace period before the beginning of enforcement. The Children's Code is written to be consistent with GDPR and the DPA, meaning that compliance with the Code is enforceable under the latter.
YouTube Shorts is the short-form section of the American online video-sharing platform YouTube. Shorts focuses on vertical videos that are less than 60 seconds of duration and various features for user interaction. As of May 2024, Shorts have collectively earned over 5 trillion views since the platform was made available to the general public on July 13, 2021, including views that pre-date the YouTube Shorts feature. Creators earn money based on the amount of views they receive, or through ad revenue. The increased popularity of YouTube Shorts has led to concerns about addiction for teenagers.
YouTube moderation are a set of community guidelines aimed to reduce abuse of the site's features. The uploading of videos containing defamation, pornography, and material encouraging criminal conduct is forbidden by YouTube's "Community Guidelines". Generally prohibited material includes sexually explicit content, videos of animal abuse, shock videos, content uploaded without the copyright holder's consent, hate speech, spam, and predatory behavior. YouTube relies on its users to flag the content of videos as inappropriate, and a YouTube employee will view a flagged video to determine whether it violates the site's guidelines. Despite the guidelines, YouTube has faced criticism over aspects of its operations, its recommendation algorithms perpetuating videos that promote conspiracy theories and falsehoods, hosting videos ostensibly targeting children but containing violent or sexually suggestive content involving popular characters, videos of minors attracting pedophilic activities in their comment sections, and fluctuating policies on the types of content that is eligible to be monetized with advertising.