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Kids Internet Law and Marketing
Online:
Children's Websites and Online Marketing to Kids.
Dealing with children online is very different, legally,
from dealing with them offline. But special rules exist, under the authority of
the Federal Trade Commission, that deal with marketing to children online.
Taking even a baby-step in online marketing to children without knowing these
rules could cost you your credibility, and maybe an enforcement action by the
FTC.
Don't rely on your advertising agencies to advise you legally on this; make sure
you consult a online privacy professional. When you sell or market to children
the most valuable thing you have is your trustworthiness. Remember that the
parents are entrusting you with their children's preferences and attention. They
will never give you a second chance to abuse that trust. One strike and you're
out. To read more about online advertising and the FTC's guide,
click here.
There are essentially two issues to be concerned about
when marketing to children online. The first is specific marketing regulations,
such as requiring that an ad clearly state that it is an "ad." The second
is whether the site otherwise complies with COPPA and regulations protecting
children's safety and data collection. This site contains many article and tips
about COPPA. Read what we've included below, and if you want to learn more,
visit our
COPPA page.
COPPA: COPPA is alive and well, and if you had
any doubt about that, you should review the penalties that the FTC doled out in
early March 2003 to Hershey Foods and Mrs. Field's Cookies.
Both signed consent orders
admitting that they violated COPPA and agreeing to pay substantial penalties
($85,000 and $100,000 respectively) for failing to comply with COPPA. Can you
afford to be next?
Nearly every business has a Web site these days. And
many of those companies and commercial entities have sites with chatrooms,
discussion boards, instant messaging capability, and forms or technology that
collect registration and other information from site visitors. Sometimes, they
direct parts of their sites at children, either to develop brand recognition or
loyalty or to reach the children's market. Other times children simply find
their sites.
While COPPA is aimed principally at the children's Internet industry, it also
applies to general interest sites with actual knowledge that a child is using
their services. It requires all commercial sites to take special measures when
they collect personal information from children. Some companies believe that
they are exempt from COPPA since they are not "collecting" information from
children; but they misunderstand the meaning of "collection." "Collection"
includes letting children use e-mail accounts or post messages publicly through
a chatroom or discussion board, as well as filling out forms.
Few lawyers, even among experienced cyberspace law practitioners, understand the
children's Internet industry and the regulations and safety concerns that apply
to it. But the failure to understand what information can be collected from
children, how it can be used, and what needs to be accurately disclosed to
parents has cost many companies dearly.
       
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Parry
Aftab, Esq., 
Marvel and
all character names and the distinctive likenesses thereof are trademarks of
Marvel Characters, Inc., and are used with permission. TM & © 2004 Marvel
Characters, Inc. All rights reserved. “Super Heroes” is a Co-owned registered
Trademark.