YouTube discriminates against LGBT content by unfairly culling it, suit alleges

The Washington Post reported earlier this month that moderators for YouTube are trained to treat the most popular video producers differently than others by, for instance, allowing hateful speech to remain on the site while enforcing their policies more stringently against creators with fewer followers. YouTube denied the claims.

YouTube was buffeted by allegations in June that it failed to act against a popular video creator who repeatedly mocked a journalist for being openly gay and of Mexican descent.

Bria Kam and Chrissy Chambers, whose BriaAndChrissy channel has about 850,000 subscribers, allege that YouTube’s enforcement against their channel reduced their monthly revenue to around $500 from $3,500.

However, according to the lawsuit, YouTube routinely restricts content that is allowable by, among other things, labeling videos aimed at LGBT communities for restricted audiences only or altering thumbnail previews of the videos that serve as enticements for potential viewers.

The lawsuit mentions a BriaAndChrissy music video titled “Face Your Fears,” which features the couple standing in front of anti-gay protesters, kissing. The song lyrics encourage people in the LGBT community to be themselves. “No more hate, no more shame,” the song goes. For reasons that are unclear to the creators, the video has been placed in “restricted mode,” making it invisible to viewers at many schools, libraries or to anyone who has activated the mode meant to limit offensive content.

The couple say these restrictions have “stigmatized” their videos and limited their audience, causing their earnings to dwindle. The lawsuit also says YouTube has allowed anti-gay groups to place obscene advertisements before the BriaAndChrissy videos.

Bret Somers, whose Watts the Safeword channel has about 200,000 subscribers, claims in the suit that his average monthly sales of $6,500 fell to around $300 as a result of YouTube’s actions against him, including restricting most of his videos to small audiences. Somers, in the suit, said that videos such as those describing his experience traveling to events, festivals or conventions do not appear for many viewers. His channel also depicts more adult content such as people watching virtual reality pornography and discussion of sex toys.

Lindsay Amer, another plaintiff and the creator of “Queer Kid Stuff,” says the channel’s videos, meant for kids aged 3 to 17, initially gained traction. But after a neo-Nazi website accused her of encouraging homosexuality, the comments sections underneath the videos were bombarded with hate speech that referred to Amer as a pedophile and attacked the LGBT community. Amer says parents wrote in to say that while they supported the content of Amer’s videos, they would not allow their children to watch them because of the comments.