Steven Cohen  |  February 6, 2020

Category: Legal News

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Youtube LGBTQ censorshipYouTube and Google have filed a motion to dismiss a class action lawsuit filed by YouTube content creators who claim that the video sharing site discriminates against them because of their LGBTQ+ identity.

The lawsuit was filed in August 2019 by eight YouTubers who state that the company brands their videos as “shocking,” “offensive,” and/or “sexually explicit” and therefore does not reach the full YouTube audience.

But YouTube has fought back in their motion to dismiss the case, saying that video creators with LGBTQ+ identities are some of YouTube’s “most engaged users.”

The defendants also claim that the company has taken seriously the concerns of the LGBTQ+ community and has worked “in good faith” to address these concerns.

The motion to dismiss, however, states that YouTube and parent company Google want to keep its service inclusive for advertisers and viewers. The defendants note that they have created the “Restricted Mode” technology for just that reason as it offers a limited experience on YouTube for sensitive users such as children and students.

YouTube claims that the Restricted Mode is voluntary and opt-in, which means that all videos can be seen by everyone as long as they have chosen not to activate this part of the YouTube service offerings.

In addition, the defendants state that they have policies in place to make sure that ads do not materialize with videos that advertisers might not find suitable.

YouTube argues that the videos that are displayed on Restricted Mode require “nuanced and careful” decision making and while the plaintiff’s interests are important, so are those of parents, educators, and other users who decide to opt into Restricted Mode.

“YouTube works hard to strike the appropriate balance, but its judgments will never be universally praised. Creators of all backgrounds will occasionally see unobjectionable videos flagged, or content that should be restricted slip through,” the YouTube motion to dismiss states.

In addition, YouTube calls the plaintiff’s arguments that they are being discriminated against as “implausible, inflammatory, and wholly inaccurate.”

Also, the defendants claim that this class action lawsuit is just one more case of people trying to hold YouTube liable for its decisions in regulating content on its video platform. They state that, in another similar case filed against the company (Prager University v. Google), the court decided that any efforts to challenge YouTube’s judgments are barred by section 230 of the Communications Decency Act.

YouTube states that its platform is “not a free-for-all” and the site is governed by numerous rules and content policies. In fact, in the YouTube Terms of Service, the company “reserves the right to remove Content without prior notice.”

That said, YouTube has acknowledged in the past that the Restricted Mode feature was not working as they intended it to and was working on making improvements to the system. The defendants claim that they have addressed the individual concerns of the plaintiffs in this case and have removed their videos from Restricted Mode.

What do you think of YouTube’s Restricted Mode policies? Leave a message in the comments section below.

The plaintiffs are represented by Peter Obstler, Pete Wilson, Eric M. George and Debi A. Ramos of Browne George Ross LLP.

The YouTube Discrimination Class Action Lawsuit is Divino Group LLC, et al. v. Google LLC, et al., Case No. 5:19-cv-04749, in U.S. District Court for the Northern District of California.

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6 thoughts onYouTube Wants LGBTQ Censorship Class Action Tossed

  1. LISA HAWKINS says:

    Add me please thank you

  2. Nikki Breece says:

    Add me please. I feel let out as a gay person.

  3. Sherri J Krasnoff says:

    add me please

  4. Melissa Veal says:

    Add me

  5. Robert Goudin says:

    Add me please

  6. Doris R Flores says:

    Add me I’ve noticed that too

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