Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A federal judge has dismissed a class action lawsuit brought by a group of LGBTQ+ YouTube content creators who said the platform and Google discriminated against them by labeling their videos as “shocking” and “sexually explicit,” among other things.
District Court Judge Virginia K. DeMarchi of the Northern District of California dismissed the class action lawsuit Wednesday, saying the First Amendment claims made by the YouTube content creators were invalidated by a recent precedent set by the 9th Circuit appeals court.
The judges in that case decided that while Google and YouTube host speech, their platforms are private and not subject to the same First Amendment and civil rights requirements as “state actors.”
Judge DeMarchi said she will allow the plaintiffs to amend and move forward with their claims regarding false advertising.
The class action lawsuit was first filed in August 2019 by a group of self-described LGTBQ+ YouTube content creators listed collectively as the Divino Group LLC.
Divino’s class action lawsuit accused Google of harboring a distaste for and commercial bias against those in the LGTBQ+ community who create and post video content or to whom content is targeted. The plaintiffs further claimed Google and YouTube act on that bias and wield their “absolute power” to profit from video content that promotes hate, violence and bullying of the LGTBQ+ community.
Meanwhile, the content created by and for the LGTBQ+ audience is routinely categorized and labeled as being shocking, offensive or sexually explicit, among other things, the class action lawsuit claimed. The labels are branded on the content when viewers turn on YouTube’s “Restricted Mode.”
The companies, Divino said, “engage in a discriminatory and fraudulent scheme to profit from the unlawful and fraudulent regulation of speech on the platform in which compliant and quality LGBTQ+ content is restrained and demonetized.”
YouTube and Google denied the accusations and fought back.
In February 2020, they filed a motion to dismiss the case against them, claiming they have operated in good faith to address the concerns of the LGTBQ+ YouTube content creators — and the community in general — while maintaining a platform that is inclusive to all.
“Restricted Mode” was created as a viewing option on YouTube to limit the access of certain viewers, mainly children. When activated, a YouTube user can search the video-sharing platform and watch content Google and YouTube’s algorithms have deemed as appropriate for all ages, but not adult content, the companies explained.
The YouTube content creators say their videos are regularly mislabeled as containing material that is inappropriate for minors, which amounts to false advertising.
Are you an LGTBQ+ YouTube content creator? Has any of your content been labeled by YouTube or Google as shocking, offensive or sexually explicit? Tell us about it in the comment section below.
Divino Group and the proposed Class Members are represented by Peter Obstler, Eric M. George and Debi A. Ramos of Browne George Ross LLP.
The YouTube Content Creators Class Action Lawsuit is Divino Group LLC, et al. v. Google LLC, et al., Case No. 5:19-cv-04749, in the U.S. District Court for the Northern District of California.
Read About More Class Action Lawsuits & Class Action Settlements:
One thought on Judge Nixes YouTube Content Creators’ Discrimination Class Action Lawsuit Against Platform
Add me