Wednesday, December 09, 2020

YouTube will remove videos claiming that a president won an election with unsubstantiated claims; do community strikes after Jan. 20; Section 230 implications?

 

Washington DC Mall

Makena Kelly reports for The Verge that YouTube will take down videos which question that Joe Biden won the election, with claims of fraud in various swing states, since the “safe harbor” day of December 8, 2020 (no connection to the DMCA!) has past with the Supreme Court dismissing all of Trump’s allegedly unfounded claims (“Stop the Steal”). 

The YouTube blog introduces the policy with some bombast and regality ("Supporting the U.S. 2020 Election"), link.  YouTube will give strikes for such content uploaded after Jan 20, 2021, regarding fraud in Biden’s election. 

Ford Fischer has asked on Twitter whether the policy refers to “past elections” in foreign countries, like Venezuela or Belarus (Hoeg Law says this applies only to US presidential elections at about the 6 minute mark, think about Bush v. Gore in 2000). .

Lawyers say that the prong 2 of Section 230 is not violated (Hoeg) on its face.  But YouTube’s policy as states sounds like

There is a problem that “acknowledging errors” in a past election is not the same as claiming fraud.

Karlyn Borysenko has an interesting discussion. 

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