YouTube creators banned for COVID-19, election-related misinformation can now apply for reinstatement

Google-owned YouTube announced on Tuesday that it will soon allow previously banned creators to apply for reinstatement. Alphabet lawyer Daniel Donovan sent a letter to House Judiciary Chair Jim Jordan, R-Ohio, stating that the change affects channels that were banned for spreading misinformation about COVID-19 or the election.The announcement was included in a ‘statement of facts’ from Alphabet in response to subpoenas issued to the company and its subsidiary YouTube by the House Judiciary Committee. The letter to the committee, dated September 23, was signed by King & Spalding partner Daniel Donovan, who represents Alphabet in this case.

“YouTube’s Community Guidelines allow for a wider range of content regarding COVID-19 and election integrity. Reflecting the company’s commitment to free expression, YouTube will provide an opportunity for all creators to rejoin the platform if the company terminated their channels for repeated violations of COVID-19 and election integrity policies that are no longer in effect,” the letter read.

“YouTube values conservative voices on its platform and recognises that these creators have extensive reach and play an important role in civic discourse. The company recognises these creators are among those shaping today’s online consumption, landing ‘must-watch’ interviews, giving viewers the chance to hear directly from politicians, celebrities, business leaders, and more,” the letter continued.
In the letter, Donovan said that during the pandemic, senior Biden administration officials pressed the corporation to remove specific COVID-related videos that did not strictly violate YouTube’s regulations.“It is unacceptable and wrong when any government, including the Biden Administration, attempts to dictate how the company moderates content, and the company has consistently fought against those efforts on First Amendment grounds.”

Donovan stated that YouTube “will not empower third-party fact-checkers” to moderate material and will continue to allow ‘free expression’ on its site.

In a post on X, YouTube said that it will be a restricted pilot project open to a subset of creators and channels that were terminated under restrictions that the firm has since discarded. It also announced that their new reinstatement program will debut soon.

“We’ve had a lot of questions about a pathway back to YouTube for some terminated creators to set up a new channel. This will be a limited pilot project that will be available to a subset of creators in addition to those channels terminated for policies that have been deprecated,” it said.

Channels that were previously banned under such guidelines were affiliated with Deputy FBI Director Dan Bongino, former Trump top strategist Steve Bannon, and Health and Human Services Secretary Robert F. Kennedy Jr. It is unclear whether these channels will be re-established.