-2

If ever a privacy is passed restricting age to something higher than 13 ( COPPA ) would all youtubers be forced to age restrict videos (not made for kids ) even if they feature content suited to children or not m ? Why ? This is to prevent data collection front from children above 13 . Example : There is an youtuber in India corporation . Say India makes a data protection law banning data collection of children below some age x between 13 and 18 . Would all Indian youtubers in general assuming no special provisions in that law be forced to age restrict even children videos for some age between 13 and x like videos targeted for high school ? This is to block them out and thus prevent data collection through comments or personalized ads .

4
  • The person has no assets in that country he will never travel there.I have asked similar questions but would desire a yes no answer if possible . – scientist Feb 5 at 20:49
  • Basically what I mean is if we turn off videos for lower ages they will not watch it so no data collection mainly going to happen . – scientist Feb 5 at 20:52
  • This needs to not ask for legal advice ("Should we...") and ask about a specific jurisdiction, not all data privacy laws everywhere in the world. Alternately, it could ask about extraterritorial jurisdiction generally without asking whether given conduct would violate data privacy laws. – Ryan M Feb 5 at 21:26
  • Ok edited to explain better specific and added points . – scientist Feb 20 at 16:37
1

Whatever the hypothetical new law is, the lowest-hanging fruit is Youtube, where India could take action against Youtube. The Federal Trade Commission did so w.r.t. COPPA violations in the US, and Youtube settled. Since Youtube is a US company and the FTC is a US federal agency, had this gone to court and had the FTC prevailed, the courts would have ordered Youtube to do something, and YT could not just say "nuts to you". Indian courts might enter a similar judgment against YT, and in principle it could be enforced by blocking YT in India, which is not a trivial thing.

The other prong of legal attack would be against the channel owner. In the case of COPPA, the channel owner is also liable – for the Indian case, it would depends on what the act says. So the FTC can take action against a channel owner, although enforcement would be challenging in certain countries, but pursuant to the court order, YT could land in legal hot water if it tolerates violations by channel owners. The same would hold for the Indian hypothetical. The government of India may have no direct leverage against a violator, but it does have some leverage against YT, which has complete leverage against the channel owner.

One would have to look at the wording of the relevant act, to determine what leverage exists, for who, in India.

3
  • What if the act read " no company being shall collect personal data except data collected automatically from http requests headers like i.p. from children below age x . – scientist Feb 20 at 18:39
  • The act would never be written that way, and the courts would probably strike it down as uninterpretible and thus unconstitutional. There is in part a language problem here, but mainly the act would have to clearly say that is prohibited and I can't make any sense out of what you're proposing. The wording would look like COPPA or the PDP Bill. – user6726 Feb 20 at 18:47
  • Actually I was concerned about PDP bill only . I am not sure but I hear it requires special gaurdian permission for children . Now if YouTube ever by mistake unintentionally violated this would all YouTubers who did not block below 18 and released not for kids videos be liable . However is PDPB is bill many don't seem to want to answer it so I did not write PDPB . – scientist Feb 21 at 6:18

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.