Quebec Court Authorizes Two Class-Action Lawsuits Against YouTube, Facebook for Alleged Censorship of COVID-19 Posts

An iPhone displays the Facebook app in New Orleans, Aug. 11, 2019. (AP Photo/Jenny Kane, File)

A Quebec court has authorized 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 both French-language decisions on April 29 after two separate plaintiffs brought forward lawsuits saying the social media platforms censored their views during the pandemic.

In the lawsuit against YouTube, the plaintiff, Éloïse Boies, who is legally represented by William Desrochers, alleges that YouTube, owned by Google LLC, censored three of her videos that questioned the pandemic health measures of the government and the COVID-19 vaccine. YouTube cited a violation of its platform policy, 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 translation of the court filing, Ms. Boies, who runs YouTube channel “Elo Wants To Know,” argues that YouTube’s content control related to the COVID-19 pandemic is an unlawful an intentional infringement on freedom of expression, which is protected by the Quebec Charter of Rights and Freedoms.

Google contends in the court document that it hadn’t breached Ms. Boies’ charter rights since it’s not obliged to offer a space for sharing videos regardless of their content. Additionally, it asserts that its platform is private and can be managed according to its own rules and preferences.

Google also said that Ms. Boies did not put forward a defendable clause, and the case cannot ensure “adequate representation” of the class action group.

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In his decision, Judge Granosik concluded that if Google manages and controls the content found on the YouTube platform and therefore takes actions in this direction, “it cannot immediately deny all responsibility.”

“If it carries out censorship by preventing certain people from posting videos and prevents other people from viewing these same videos, it thus hinders the free circulation of ideas and exposes itself to having to defend its ways of doing things,” he said.

Judge Granosik also mentions in his judgment that “Freedom of expression does not only mean freedom of speech, but also freedom of publication and freedom of creation.” The judge then quotes from the Supreme Court of Canada saying, “it is difficult to imagine a guaranteed freedom which is more important 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 content related to COVID-19 that was censored receive $1,000 in compensatory damages and $1,000 in punitive damages, according to the decision. For YouTube users who were deprived of viewing the censored content and wanted to, they can receive $500 in compensatory damages and $500 in punitive damages. 

Ms. Boies is also asking the courts for an order that YouTube stop all forms of censorship regarding posts that contradict health authorities, the government, and the World Health Organization or similar organizations. 

COVID-19 Videos

Ms. Boies alleges YouTube censored videos she posted that had medical information that contradicted local health authorities and the World Health Organization.

She said there were three specific videos that were taken down by YouTube, including a Jan. 5, 2021, video called La Censure, where Ms. Boies said big companies, like Amazon, Facebook, and YouTube, along with the government were censoring information. She also accused the government of disseminating propaganda.

Ms. Boies said in the video that a doctor was pressured to identify COVID-19 as a cause of death, that debate was forbidden, and there was a stigma and label placed on anyone who opposed the government narrative. Ms. Boies said  YouTube removed that video from the platform.

Another video she posted, called “Why Refuse the Vaccine,” was also allegedly withdrawn by YouTube on or around Aug. 29, 2021. In the video, Ms. Boies said many scientific experts, such as Dr. Robert Malone, were against the COVID-19 vaccine, but were being censored. She also said no one was allowed to present an analysis of the risks and benefits of the vaccine and anyone who raised questions was censored.

YouTube allegedly took down a video on Nov. 22, 2022, of Ms. Boies interviewing Dr. Louis Fouch, a French doctor and spokesperson for the healthy policy advocacy group Collective Reinfo COVID. Dr. Fouch “denounced the falsity of the messages conveyed by authorities wanting the pandemic to be a deadly epidemic,” the court document says.

The physician argued that the virus was not harmful to most people. He said there were alternative treatments but authorities were preventing these treatments from being used. Dr. Fouch also said the health measures used were “proven useless” and caused “significant collateral damage.” He said the vaccines were not effective or safe for all age groups. The interviewee also noted that scientific studies had been falsified and data manipulated.

Facebook Class Action

The class action lawsuit against Google came the say Judge Gransoick permitted a similar lawsuit against Facebook’s parent company, Meta. 

The plaintiff in the case, Christian Leray, alleges Facebook blocked messages he posted that shared scientific journal articles critical of the COVID-19 vaccines, and other data that questioned pandemic measures, according to the court decision. He alleges that Facebook has censored and placed labels on his private account and a Facebook group he is an administrator of called Réinfo Québec. Mr. Leray is also represented by the same lawyer as Ms. Boise, William Desrochers.

Judge Granosik said in his judgment that if Facebook “controls the content that appears on its platform, it cannot immediately deny any responsibility.”

“If it carries out censorship, prevents certain people from posting certain information, sanctions them by restricting their access to their account and thus hinders the free circulation of ideas, it exposes itself to having to defend its ways of doing things,” he wrote.

As with the lawsuit against YouTube, eligible class action members who posted on Facebook about COVID-19 and were censored would be entitled to $1,000 in compensatory damages and $1,000 in punitive damages. Facebook users who could not view the censored material but wanted to could be paid $500 in compensatory damages and $500 in punitive damages. Residents of Quebec who were Facebook users as of March 15, 2020, may be eligible. 

Mr. Leray is also asking for a court order to prevent Meta from all forms of censorship that block posts and information that contradicts those of health authorities, the government, and global organizations like the World Health Organization.