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FTC Points to Child-Directed Ads as Evidence of Instagram's COPPA Violation
by Legal PDFNovember 9th, 2023
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The FTC is investigating Instagram for its advertising practices, claiming that they are directed at children. They cite examples of ads featuring actors who appear to be children or teens and campaigns promoting children's content. These ads are considered evidence of Instagram's potential violation of COPPA regulations.
The United States v Meta Platforms Court Filing October 24, 2023 is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This is part 33 of 100.
b. Advertising that promotes Instagram and appears on Instagram is directed to children.
758. Under 16 C.F.R. § 312.2, whether “advertising promoting or appearing on . . . the online service is directed to children” is relevant to determining whether an online service, or a portion thereof, is directed to children.
759. Meta’s ads promoting Instagram feature and are directed to children—and ads that Meta hosts on Instagram are also child-directed.
760. Meta has published advertising campaigns for Instagram featuring actors who appear to be children or teens, as shown in the below screenshot from a television commercial for Instagram that aired in April 2023:
761. Meta also posted an advertisement for Instagram on YouTube in October 2021, featuring one or more individuals who appear to be children or teens, as depicted in the following screenshot:
762. These advertisements and others by Meta related to Instagram were directed to children and teens and featured individuals who appeared to be children or teens.
763. And Meta displays advertisements within Instagram that feature children and are directed to children.
764. For example, according to Meta’s Ad Library website, an advertisement promoting the children’s television show “Dinosaur Train” and the “PBS KIDS Prime Video Channel” was run on Instagram and Facebook in July 2023, as depicted in the following screenshot:
765. Also according to Meta’s Ad Library website, an advertisement featuring children’s cartoon characters “the Minions” was run on Instagram in July 2023, as depicted in the following screenshot:
766. Meta’s practice of hosting advertisements targeting children is another way that Instagram is directed to children.
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This court case 4:23-cv-05448 retrieved on October 25, 2023, from Washingtonpost.com is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction.
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