Big Tech is yet again facing heightened scrutiny for the way it is handling children’s data.
TikTok faces a legal battle with the DOJ after allegedly repeatedly violating the Children’s Online Privacy Protection Act (COPPA) and a 2019 Federal Trade Commission (FTC) consent decree.
According to the lawsuit, TikTok permitted children to set up accounts without obtaining parental consent, kept their personal data without proper authorization, and did not adequately address parents’ requests to delete this information—all of which violate COPPA. The lawsuit also claims that TikTok continued to collect and use personal data from users in violation of COPPA, even when they were in the app’s “restricted mode,” which is specifically designed for children.
For brands looking to reach kids and teens, this development highlights the need for a specialist partner to ensure that marketing efforts remain fully compliant with privacy and digital advertising regulations.
Social Media’s Role in Reaching Young Audiences
Despite the allegations, TikTok, along with the other major social networks, remain some of the most powerful platforms for engaging with youth audiences.
With their immense popularity among younger demographics, they may be indispensable for brands seeking to connect with this key audience. However, recent news again highlights the risks of relying solely on platform compliance or a generalist agency – risks that could lead to significant legal and reputational consequences for brands.
Why Compliance Matters More than Ever
The complaint against TikTok reveals compliance issues, particularly in areas like parental consent, data collection, and privacy protection. While your brand may not be responsible for the privacy violations, non-compliance isn’t just a legal risk, it’s a risk to your brand’s reputation and consumer trust.
Proactive Compliance: The Key to Safe and Effective Advertising
Brands must embrace the concept of “bringing your own compliance”, which will likely involve engaging specialist partners to help them navigate the complex social media landscape. The laws and regulations relevant to kids and teens audiences are regularly shifting, making it difficult for brands to feel confident that they are taking into account all of the relevant nuance when activating on these platforms.
Working with an expert partner empowers brands to take control of their compliance strategies, ensuring that they meet regulatory requirements while effectively reaching their target audiences.
Here are some examples of the measures that should be taken to ensure brands avoid potential pitfalls while maintaining a strong connection with their target audience:
- Select top-tier influencers tailored to each campaign’s needs, then carefully manage the appropriateness of your creator content by reviewing each post while not undermining the authenticity of the piece. You will likely need to educate contracted influencers on regulations across jurisdictions to ensure they meet local standards.
- Select the right amplification platforms for your campaign based on your audience and KPIs. Then, regularly review and reassess platform rules to help ensure that all campaigns are compliant with evolving platform policies. Remember that policies for the same platforms will not necessarily be the same in different territories.
- Ensure that a legal expert reviews any unusual creative before launch to ensure it complies with advertising best practices and rules like the Children’s Advertising Review Unit’s (CARU) Guidelines and the Advertising Standards Authority’s CAP Code.
- Provide ongoing support to talent to follow FTC recommendations to ensure appropriate advertising disclosures are made where necessary.
Protecting Your Brand in a Complex Environment
The recent DOJ action against TikTok highlight the compliance challenges and risks of reaching kids and teens on social platforms. With the right partner, these challenges can be navigated successfully.
SuperAwesome is committed to helping brands reach their audiences safely and effectively, no matter how complex the regulatory environment may become. We don’t just advise on best practices; we actively collaborate with our clients to implement them.
SuperAwesome prioritizes children’s digital well-being, placing their best interests at the core of its mission. Unlike many organizations, SuperAwesome’s Legal and Policy experts are part of the leadership team, ensuring children’s digital safety and well-being remain a top priority.
If you’d like to learn more about how we can help you navigate the digital landscape with confidence, get in touch.
