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". 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 be 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.
Conversely, YouTube has also allowed government to more easily engage with citizens, the White House's official YouTube channel being the seventh top news organization producer on YouTube in 2012 and in 2013 a healthcare exchange commissioned Obama impersonator Iman Crosson's YouTube music video spoof to encourage young Americans to enroll in the Affordable Care Act (Obamacare)-compliant health insurance. In February 2014, U.S. President Obama held a meeting at the White House with leading YouTube content creators to not only promote awareness of Obamacare but more generally to develop ways for government to better connect with the "YouTube Generation." Whereas YouTube's inherent ability to allow presidents to directly connect with average citizens was noted, the YouTube content creators' new media savvy was perceived necessary to better cope with the website's distracting content and fickle audience.
More InfoIn August 2008, a US court ruled in Lenz v. Universal Music Corp. that copyright holders cannot order the removal of an online file without first determining whether the posting reflected fair use of the material. The case involved Stephanie Lenz from Gallitzin, Pennsylvania, who had made a home video of her 13-month-old son dancing to Prince's song "Let's Go Crazy", and posted the 29-second video on YouTube. In the case of Smith v. Summit Entertainment LLC, professional singer Matt Smith sued Summit Entertainment for the wrongful use of copyright takedown notices on YouTube. He asserted seven causes of action, and four were ruled in Smith's favor.
More InfoSome YouTube videos have themselves had a direct effect on world events, such as Innocence of Muslims (2012) which spurred protests and related anti-American violence internationally. TED curator Chris Anderson described a phenomenon by which geographically distributed individuals in a certain field share their independently developed skills in YouTube videos, thus challenging others to improve their own skills, and spurring invention and evolution in that field. Journalist Virginia Heffernan stated in The New York Times that such videos have "surprising implications" for the dissemination of culture and even the future of classical music.
More InfoEven for content that appears to aimed at children and appears to contain only child-friendly content, YouTube's system allows for anonymity of who uploads these videos. These questions have been raised in the past, as YouTube has had to remove channels with children's content which, after becoming popular, then suddenly include inappropriate content masked as children's content. Alternative, some of the most-watched children's programming on Youtube comes from channels who have no identifiable owners, raising concerns of intent and purpose. One channel that had been of concern was "Cocomelon" which provided numerous mass-produced animated videos aimed at children. Up through 2019, it had drawn up to US$10 million a month in ad revenue, and was one of the largest kid-friendly channels on YouTube prior to 2020. Ownership of Cocomelon was unclear outside of its ties to "Treasure Studio", itself an unknown entity, raising questions as to the channel's purpose, but Bloomberg News had been able to confirm and interview the small team of American owners in February 2020 regarding "Cocomelon", who stated their goal for the channel was to simply entertain children, wanting to keep to themselves to avoid attention from outside investors. The anonymity of such channel raise concerns because of the lack of knowledge of what purpose they are trying to serve. The difficulty to identify who operates these channels "adds to the lack of accountability", according to Josh Golin of the Campaign for a Commercial-Free Childhood, and educational consultant Renée Chernow-O’Leary found the videos were designed to entertain with no intent to educate, all leading to both critics and parents to be concerns for their children becoming too enraptured by the content from these channels. Content creators that earnestly make kid-friendly videos have found it difficult to compete with larger channels like ChuChu TV, unable to produce content at the same rate as these large channels, and lack the same means of being promoted through YouTube's recommendation algorithms that the larger animated channel networks have shared.
More InfoYouTube has been criticized for using an algorithm that gives great prominence to videos that promote conspiracy theories, falsehoods and incendiary fringe discourse. According to an investigation by The Wall Street Journal, "YouTube’s recommendations often lead users to channels that feature conspiracy theories, partisan viewpoints and misleading videos, even when those users haven’t shown interest in such content. When users show a political bias in what they choose to view, YouTube typically recommends videos that echo those biases, often with more-extreme viewpoints." When users search for political or scientific terms, YouTube's search algorithms often give prominence to hoaxes and conspiracy theories. After YouTube drew controversy for giving top billing to videos promoting falsehoods and conspiracy when people made breaking-news queries during the 2017 Las Vegas shooting, YouTube changed its algorithm to give greater prominence to mainstream media sources. In 2018, it was reported that YouTube was again promoting fringe content about breaking news, giving great prominence to conspiracy videos about Anthony Bourdain's death.
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