YouTube decided to censor Gateway Hispanic’s channel without justification or prior notice. After an aggressive and well-founded appeal outlining why YouTube should restore the account, within hours of the submittal, they simply reinstated it without explaining or justifying the reasons for the suspension.
This attempt at censorship and electoral interference is regrettable, and it’s pathetic that platforms like YouTube try to discriminate against conservative Hispanic voices. Read the full appeal and the basic, generic response they gave us to restore our channel.
Appeal for the Restoration of the YouTube Channel Account Gateway Hispanic
Dear YouTube Support Team,
We are writing to formally request the restoration of our YouTube channel, Gateway Hispanic, which was recently disabled. We believe that this decision may have been made in error, as our content strictly adheres to YouTube’s Community Guidelines, and we are committed to maintaining a respectful and compliant presence on your platform.
Reason for Appeal:
Our channel has never engaged in deceptive practices, spammy content, or any form of scams. The sole purpose of our channel is to provide informative, educational, and engaging content to our audience. We prioritize creating valuable material that contributes to the YouTube community and aligns with the principles and policies set forth by YouTube.
Addressing Concerns:
1. No Deceptive Practices: Our channel operates with full transparency. We make no misleading claims, and our content is clearly labeled to reflect its educational nature.
2. No Unauthorized Sales: We do not use our channel to promote or sell products or services in a misleading manner. Our focus is purely on sharing quality content without any commercial interests.
3. Absence of Spam: We are committed to a clean and user-friendly experience for our audience. We have not engaged in spamming practices nor violated YouTube’s spam policies.
Freedom of Speech and Policy Against Censorship:
As we approach a critical period just 9 days before the elections, it is imperative to uphold the principles of freedom of speech and resist unnecessary censorship. Our channel serves as a platform for diverse viewpoints and encourages open dialogue on important issues that affect our community.
Censoring our content not only undermines our efforts to inform and educate but also attacks the foundational democratic principles that allow for a robust exchange of ideas. The First Amendment of the U.S. Constitution protects the right to free speech, stating, “Congress shall make no law… abridging the freedom of speech.” This fundamental right is essential in fostering a marketplace of ideas where differing opinions can be expressed and debated.
Additionally, U.S. Supreme Court precedents, such as Tinker v. Des Moines Independent Community School District (1969) and New York Times Co. v. Sullivan (1964), emphasize the importance of free expression and the necessity of protecting speech, especially when it pertains to public discourse and political matters. At a time when discourse is essential for public understanding and participation, we urge you to consider the broader implications of restricting access to varied perspectives.
Discrimination Concerns:
Furthermore, we must highlight the potential for discrimination in this decision. Silencing our channel disproportionately affects voices advocating for diverse perspectives, particularly those from minority communities. Such actions may indicate a bias against content that addresses issues pertinent to our audience. The principle of non-discrimination against speech is crucial in ensuring that all viewpoints are given equal consideration, regardless of their alignment with prevailing narratives.
The diversity of opinions is crucial for a healthy democracy; silencing voices that bring different viewpoints not only harms our community but also limits the enrichment of public debate, which is vital for social progress. The principle of non-discrimination against speech also aligns with international human rights standards, such as Article 19 of the Universal Declaration of Human Rights, which emphasizes the right to seek, receive, and impart information and ideas through any media.
Furthermore, it is important to note that prior to the closure of our channel, we had not received any strikes, and our channel hosted approximately 800 videos. This history underscores our commitment to producing compliant content and our dedication to maintaining a constructive presence on YouTube.
We firmly believe that access to a variety of perspectives is essential for fostering a well-informed and engaged society. Thus, we respectfully request the reinstatement of our channel to continue contributing positively to the YouTube community.
Final Arguments: Use of Copyrighted Material by Our Hispanic Media Outlet for Criticism and Education
In certain circumstances, content that may otherwise violate YouTube’s Community Guidelines can remain on the platform when it is framed within an Educational, Documentary, Scientific, or Artistic (EDSA) context. In such cases, the content qualifies for an EDSA exception.
Additionally, the doctrine of fair use in the United States provides a critical exception to copyright law, permitting limited use of copyrighted material without the need for permission from the copyright holder under specific conditions. This legal principle is especially pertinent for our media outlet, which aims to inform and educate our audience, particularly within the Hispanic community. When evaluating whether a use qualifies as fair use, courts apply a four-factor balancing test established by the Copyright Act. Below is an analysis of how these factors apply to our outlet’s use of copyrighted material for criticism and education.
1. Purpose and Character of the Use:
Our Hispanic media outlet’s use of copyrighted material aims to critique societal issues and educate the community, constituting a transformative use. By adding new expression or meaning, we elevate the original work beyond its initial purpose. Moreover, our nonprofit educational focus promotes public interest and awareness within the Hispanic community, which strongly favors a finding of fair use.
2. Nature of the Copyrighted Work:
Generally, factual works, such as news reports or educational content, are more likely to qualify for fair use compared to creative works, such as music or artwork. If the copyrighted material pertains to factual reporting or educational content, this factor supports our fair use argument, especially as we strive to inform and empower the Hispanic community through education.
3. Amount and Substantiality of the Portion Used:
Our media outlet utilizes only the amount of copyrighted material necessary to achieve its purpose of criticism or education. By using small excerpts that capture the essence of the original work while providing essential commentary or context, this factor also likely favors fair use.
4. Effect on the Potential Market for the Copyrighted Work:
Our use of copyrighted material is designed to educate and inform the community without substituting the original work, making it less likely to be considered detrimental to the market. In fact, our educational efforts may enhance public interest in the original work, potentially benefiting the copyright holder in the long run.
In summary, Gateway Hispanic has utilized copyrighted materials for the purpose of criticism and education, which provides a strong basis for invoking the fair use exception. By emphasizing the transformative nature of our use, the factual basis of the original works, the limited quantity of material used, and the non-infringing impact on the market, our outlet demonstrates compliance with the principles of fair use. Given the importance of fostering informed discourse within the Hispanic community, the fair use doctrine serves as an essential tool in promoting freedom of expression and ensuring diverse perspectives are represented in public discourse.
We are confident that a review of our channel’s content will demonstrate our dedication to upholding the values and standards that YouTube promotes. We respectfully request a reconsideration of our account status and a prompt reinstatement of our channel.
Thank you for your time and attention to this matter. We look forward to continuing to contribute positively to the YouTube community.
Sincerely,
María Herrera Mellado
Editor-in-Chief
