Q: What evidence would I need to demonstrate whether children under age 13 are or are not the “primary target audience” for my website?
A: As the operator, you should carefully analyze who your intended audience is, the actual audience, and in many instances, the likely audience for your site or service. In making these determinations, you should keep in mind the factors for a “Web site or online service directed to children” contained in paragraph (1) of 16 C.F.R. § 312.2. See FAQ D.1 above. You may also get a better sense of your site or service once it has been in operation, and may need to make some changes accordingly.