Quebec Court Greenlights Two Class-Action Lawsuits Against YouTube and Facebook for Alleged COVID-19 Post Censorship
A Quebec court has approved two separate class-action lawsuits against YouTube and Facebook for allegedly censoring posts and videos critical of COVID-19 measures and vaccines.
Quebec Superior Court Judge Lukasz Granosik issued two French-language decisions on April 29 after two different plaintiffs filed lawsuits claiming that the social media platforms censored their views during the pandemic.
In the lawsuit against YouTube, the plaintiff, Éloïse Boies, represented by William Desrochers, alleges that YouTube, owned by Google LLC, censored three of her videos that questioned the government’s pandemic health measures and COVID-19 vaccine. YouTube cited a violation of its policies, stating that Ms. Boies spread “incorrect medical information contradicting that of local health authorities or the World Health Organization (WHO) regarding COVID-19.”
In a translated court filing, Ms. Boies, who operates the YouTube channel “Elo Wants To Know,” argues that YouTube’s content control related to the COVID-19 pandemic is an unlawful and intentional infringement on freedom of expression, protected by the Canadian Charter of Rights and Freedoms.
Google argues in the court document that it has not violated Ms. Boies’ charter rights since it is not obligated to provide a space for sharing videos regardless of their content, and that its platform is private and can be managed according to its own rules and preferences.
Google also mentioned that Ms. Boies did not present a defensible clause, and the case cannot ensure “adequate representation” of the class action group.
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In his ruling, Judge Granosik determined that if Google manages and controls the content on the YouTube platform and takes actions in that direction, “it cannot simply deny all responsibility.”
“If it engages in censorship by preventing certain individuals from posting videos and stops others from viewing the same videos, it impedes the free flow of ideas and exposes itself to the need to justify its actions,” he stated.
Judge Granosik also noted in his decision that “Freedom of expression encompasses not only freedom of speech but also freedom of publication and creation.” He then quoted the Supreme Court of Canada, saying, “it is hard to imagine a more crucial guaranteed freedom than freedom of expression in a democratic society.”
The class-action lawsuit applies to any Quebec resident who has used or visited YouTube since March 15, 2020.
Class-action members who posted censored COVID-19 related content on YouTube are eligible for $1,000 in compensatory damages and $1,000 in punitive damages, as per the ruling.
Ms. Boies is also seeking a court order for YouTube to cease all forms of censorship regarding posts that oppose health authorities, the government, and organizations like the World Health Organization.
COVID-19 Videos
Ms. Boies claims that YouTube censored videos she posted containing medical information contradicting local health authorities and the WHO.
In one of the videos taken down, titled “La Censure,” Ms. Boies criticized big companies like Amazon, Facebook, and YouTube, along with the government, for censoring information. She also accused the government of spreading propaganda.
Another video, “Why Refuse the Vaccine,” where she discussed the risks and benefits of the COVID-19 vaccine, was also removed by YouTube.
A third video featuring an interview with Dr. Louis Fouch, a doctor critical of pandemic measures, was taken down by YouTube as well.
Facebook Class Action
In addition to the lawsuit against YouTube, Judge Granosik allowed a similar lawsuit against Meta, Facebook’s parent company.
Judge Granosik emphasized in his judgment that if Facebook controls the content on its platform, it cannot escape responsibility for censorship.
Similarly to the YouTube lawsuit, eligible Facebook users from Quebec can claim compensatory and punitive damages for censored COVID-19 content they posted, while those who could not access censored material can also seek compensation.
Mr. Leray is also requesting a court order to prevent Meta from censoring posts that contradict health authorities, the government, and global organizations like the WHO.
