After I Submitted a Counter Notification the Video Get Flag Again

Are you the target of defamation on YouTube? Is a content creator spreading lies about you that are hurting your reputation or business organisation? If so, at that place are several effective steps y'all can take to tackle the problem before it spirals out of control.

To written report and remove defamatory content on YouTube, have the following steps:

• Stay calm;
• Do not respond to the defamation, harassment, or threats;
• Preserve testify that you may demand later;
• Submit a complaint to YouTube via their 'Defamation Complaint Requirements' page (For non-U.S. victims if appropriate);
• Flag the video while logged in from your YouTube business relationship;
• File a defamation lawsuit to obtain a courtroom order,
• Conform your privacy settings; and
• Seek assistance from an experienced net defamation chaser.

At Minc Police, nosotros accept helped endless clients with internet defamation and removed over 50,000 pieces of unwanted online content. Even if a defamation lawsuit is not suited to your state of affairs, we can assist y'all monitor and bolster your online reputation. We likewise offer digital take a chance protection services to help individuals and businesses monitor and protect their digital avails.

In this article, we will describe how YouTube determines if content can be removed for defamation and how to report content. We volition also discuss the consequences of posting defamatory content on YouTube – for everyone involved.

Steps to Report YouTube Content For Defamation

What is the First Affair You Should Do if You Are Being Harassed on YouTube?

If you are existence harassed or defamed on YouTube, nosotros recommend following the same steps you would accept if you were being harassed anywhere online:

Stay Calm

If someone is cyberbullying or spreading harmful lies about you on YouTube, it can trigger strong emotions. You lot may be inclined to lash out against the YouTuber – but this could cause even more damage to your online reputation.

Take a few deep breaths and allow yourself to at-home down before you do anything else.

Exercise Not Answer

One time you lot have calmed yourself, remember that it is not wise to respond to defamers.

Responding to defamation can potentially bulldoze more attention to the defamatory video and trigger the further dissemination of the material – this social miracle is known as the Streisand Result.

In almost circumstances, responding to a cyberbully only causes more bug.

Preserve the Testify

Before you report or cake the defamatory YouTube account, you need to preserve evidence of the defamation or harassment. This might include downloading or recording the video so that y'all can later prove (if needed) that the video was defamatory.

If the video's description also includes defamatory statements, screenshot them. Yous may also want to collect and screenshot data about the defamer's profile like their screen proper name and e-mail address.

If you are interested in utilizing more advanced screen capture and preservation software tools to preserve evidence, we recommend using Visualping or Page Vault.

Report the Abuse to the Service Provider

YouTube enables users to submit a complaint, but there is more than than one option to reporting abusive or illegal behavior.

Y'all can also flag a YouTube video to study whatsoever content that violates YouTube'due south Guidelines. The flag in the toolbar under the video past clicking the "…" icon. This will bring up an option to "Report" which you will want to select.

Adjust Your Social Media Privacy Settings

Once you report the YouTuber, we recommend adjusting your privacy settings on YouTube and other forms of social media.

Maximize privacy settings to limit what others can notice out about you publicly. This will likewise make it more difficult for others with bad intentions to view your content.

Seek Professional Support & Guidance

If your matter is serious, causing financial harm, and disrupting your life, yous should contact an experienced internet defamation chaser.

An experienced internet chaser tin assist y'all clarify your options and decide how to best handle your specific defamation or harassment issue. They may also get in touch with constabulary enforcement if the YouTube content violates the police force.

Who Can Report Defamation & Harassment on YouTube?

In general, anyone tin can study abuse on YouTube, but it helps to take a YouTube business relationship and a valid email address. Y'all tin can submit a YouTube complaint if yous are the target of corruption or have a representative submit the complaint (like an chaser or guardian of a minor who is the target of abuse).

YouTube volition fifty-fifty accept complaints from concerned citizens who do not accept a direct relationship with the target of a user'due south abuse.

How Practise I Report Defamation on YouTube?

In that location are two primary methods to report defamation on YouTube:

1. Submit a complaint form, or
2. Flag a video.

Information technology is important to note that Google owns and operates YouTube, and then you volition exist directed to Google Support when yous submit a complaint or flag defamatory content. Do non be alarmed!

Google is YouTube's parent company, and so YouTube'south complaint process matches that of Google. Co-ordinate to Google'southward defamation support folio, content that contains "untrue statements that damage some other's reputation or causes someone to be shunned" is defamatory and may violate the law.

They too recommend that yous consider whether the defamatory video meets YouTube's standards for removal nether their privacy or harassment policies. Below, we explore how to report defamation, step-past-stride, using both options.

Selection 1 – Submit a Complaint to Google

YouTube provides a comprehensive guide outlining their 'Defamation Complaint Requirements' which explains all the data to include in your complaint. Nosotros recommend taking notes on these requirements or printing them to reference when drafting your complaint. It should help y'all strengthen your complaint and increase your chances of removing the defamatory content.

After you read YouTube's complaint requirements, go to the YouTube "Submit a Complaint" page. This page directs you to select your land of residence from a drib-downwards menu to admission the complaint grade used for your state.

If you select, "Usa" from the drop-down card, you will discover there is not a link to a class, but rather an explanation of U.S. police force. Specifically, YouTube cites Department 230 of the Communications Decency Act, explaining they are "not in a position to adjudicate the truthfulness of postings…and do not remove video[s]…due to allegations of defamation.

So, what should you practice if you are a U.Southward. resident?

YouTube recommends pursuing legal action against the content creator directly. To learn more than about legal remedies you can take, read the section in this post entitled "Can You Sue for Slander on YouTube?" In that section, I will outline the process of suing and obtaining a court society for libel or slander.

If and when you obtain a court guild, YouTube asks that y'all forward the courtroom order to:

YouTube, Inc.,

Attn. Legal Support,

901 Red Ave., 2d Floor,

San Bruno, CA 94066

USA

Courtroom orders may besides be submitted to YouTube past emailing legal@support.youtube.com or fax: +1 650 872 8513.

However, before yous pursue a courtroom order for defamation, consider whether the YouTube content violates their privacy, harassment, or copyright policies. YouTube may remove content that violates privacy, harassment, or copyright guidelines without the need to obtain a court order (potentially saving you time and money).

Option 2 – Flag the Video

YouTube encourages users to flag and report whatsoever content that violates their Community Guidelines. To flag inappropriate content, yous tin report a video, playlist, thumbnail, link, comment, chat message, or a aqueduct. Regardless of what type of content yous are reporting, the flagging process follows similar steps:

Step 1: Make sure you lot are signed in to your YouTube business relationship.

Step 2: Select the "…" more button located below the video, thumbnail, comment, or message.

Step three: In the drop-down carte du jour that appears, select "Report."

Step 4: If you are reporting a page, go to the aqueduct page, click "About," then select the "Report" option next to the flag icon.

Footstep five: Select the best reason for reporting the video (i.eastward., what guideline is the video violating?)

Step 6: Provide additional details to support your claim, like a timestamp for the inappropriate content or a description of how the content violates YouTube guidelines.

How YouTube Determines If Content Should Be Removed For Defamation

YouTube'due south current guidelines indicate that they will not judge on their own what constitutes defamation. In a manner, they are refusing to referee legal disputes between their users and deferring to the court arrangement.

This is perfectly legal due to Section 230 of the Communications Decency Human activity – YouTube does not accept to intervene or go far the middle of legal disputes between users.

In that case, who is liable for removing defamatory content from YouTube?

Who is Liable For Online Anonymous Defamation?

Section 230 of the Communications Decency Human action protects cyberspace service providers, like YouTube, from lawsuits based on content published to their platforms by tertiary parties.

Video: Why Section 230 of the CDA Should Affair to You

Watch

In a word, YouTube cannot exist held answerable for content posted by its users. However, a content creator who posts unlawful content can be held liable for what they mail.

When Can You Sue an Internet Service Provider Like YouTube?

In general, you cannot sue an internet service provider (Isp) like YouTube for defamation and most civil torts. But there are some express exceptions to this rule.

An ISP cannot claim legal immunity in situations where:

• The ISP edited a published statement, and
• The edits materially alter the statement's meaning, and
• The altered statement is then defamatory.

Isp's may likewise be held liable if:

• They create or develop illegal activity, or
• They promise to remove content and then neglect to do then.

For further reading on why you by and large cannot sue an internet service provider, delight read our article past attorney Dan Powell 'Can I Sue Google?'.

Why is Someone Who Posts a Video on YouTube Possibly Liable For a Defamation Lawsuit?

Just because YouTube is typically not liable for defamatory content posted to their platform does non mean everyone is allowed from legal repercussions. The content creator who posted defamatory content can be sued and held liable for their unlawful content.

If you are defamed on social media, you should consider all the options at your disposal. Filing a defamation lawsuit is one option for getting defamatory YouTube content removed, simply it is not your merely choice.

An experienced internet defamation attorney tin help you lot weigh out your options and determine which strategy is best based on your specific circumstances.

How Does YouTube Decide If Content Should Exist Removed For Defamation?

Technically, ISPs similar YouTube accept complete discretion when considering whether or not to remove content. In our experience, YouTube more often than not disfavors removing allegedly defamatory content unless it is extreme in nature or obviously false.

YouTube will typically uphold their own customs standards, including removing content that endangers children, contains nudity, shows suicide or self-injury, violence, hate oral communication, firearms, or illegal appurtenances. If the defamatory content violates any of the other community guidelines, it may be wise to flag the content for one of the other violations.

However, if the content is purely defamatory, YouTube refuses to remove the content, or the abuse is ongoing, yous may need to opt to pursue a defamation lawsuit. Defamation lawsuits can be costly and time-consuming, just they are the but way to obtain a court lodge requiring the removal of defamatory content if you absolutely demand to go a video removed.

What Are Other Reasons That YouTube Will Remove Content?

As mentioned above, YouTube will also remove content for a variety of reasons other than defamation. If y'all are experiencing online harassment, cyberbullying, child pornography, or revenge porn – you might be able to get the YouTube content removed past other means.

Here is a list, with links, of content that violates YouTube's Community Standards:

• Impersonation,
• Spam, deceptive practices, and scams,
• Child endangerment,
• Nudity and sexual content,
• Suicide and cocky-injury,
• Harassment and cyberbullying,
• Harmful or dangerous content,
• Hate speech,
• Violent criminal organizations,
• Violent or graphic content,
• COVID-19 misinformation,
• Content featuring firearms, and
• Auction of illegal or regulated goods.

YouTube volition likewise remove content that infringes your copyright (copyright infringement). Something many people practise not realize is that copyright protection is automated, and you lot exercise non need whatever official documentation to show that you lot take intellectual holding rights for certain content.

For example, if someone shares a photo that you have taken without your consent, they are infringing on your copyright (you have a copyright for photos you take!). If you discover that a YouTuber has stolen a photo you lot took without your consent and used it on their channel, you can submit a copyright takedown request.

Another, less-than-obvious form of content that YouTube will remove is content intended to impersonate you or your channel. If someone creates a YouTube contour, aqueduct, or content masquerading equally you, yous should notify YouTube that you are existence impersonated. The all-time way to report impersonation is to:

• Navigate to the fake channel,
• Click "About," and then
• Select, "Report."

What is the Definition of Illegal Detest Speech?

Hate speech is not just offensive, information technology takes matters a step further – inciting hatred and encouraging violence. YouTube strives to be an inclusive, condom space for creators and viewers alike and will not tolerate content that constitutes hate speech.

According to YouTube'due south hate speech policy, content that dehumanizes, glorifies violence, uses slurs, claims that others are inferior or that some groups are superior, or spreads conspiracy theories about groups of people will autumn nether hate spoken language.

YouTube has a detailed list of content that violates their hate speech policy, which is worth reviewing if you feel you lot accept been a victim of hate speech.

In a nutshell, hate oral communication is content that encourages violence against groups or individuals based on the following attributes:

• Age,
• Caste,
• Disability,
• Ethnicity,
• Gender identity and expression,
• Nationality,
• Race,
• Clearing condition,
• Organized religion,
• Sexual activity/gender,
• Sexual orientation,
• Victims of a major violent outcome and their kin, and
• Veteran status.

Consequences of Online Defamation on YouTube

YouTube defamation stands to hurt everyone involved. Victims of defamation tin experience serious, life-altering consequences. The victim tin experience disruptions in their personal life, like the loss of friends and other meaning relationships, depending on what lies are beingness spread by the defamer.

A defamer that says a detail person is a cheater or pedophile, for instance, tin cause irreparable harm to the victim's wedlock, family, and friendships. Victims also feel career and business losses – like losing their job, income, or even their business. Oft, defamation leads to intense feelings of shame, and shame is a particularly destructive emotion.

Defaming or shaming someone on social media can also have negative consequences for the defamer. Shamers can face backlash and might go the target of defamation themselves. If the defamatory content and online shaming get viral, the defamer may not exist able to dorsum-track and retract their content.

Depending on the nature of the content, YouTube can strictly penalize content creators – by removing the content, demonetizing a aqueduct, or removing the aqueduct birthday. Across that, content creators can exist sued. However, lawsuits can exist both costly and fourth dimension-consuming.

Is it Libel or Slander if You Are Defamed on YouTube?

This is a flake of a catchy question, so information technology is probably best to review the definitions of defamation, libel, and slander.

Defamation is a false statement, fabricated to a third political party, that causes damage to some other person'south (or entity's) reputation. Libel and slander are the 2 principal forms of defamation.

Libel is a false statement that is written or "fixed in a tangible medium." Libel is defamation (a false argument that harms another's reputation) expressed in writing. For instance, if your local print newspaper publishes an article falsely claiming that your business organization has been shut down due to a fraud investigation, they are defaming you in the form of libel.

Slander is defamation published orally. If, for example, your friend Charlie overhears Arnold telling Betty that yous are a convicted pedophile (and you are not), Arnold is slandering y'all.

YouTube is a unique platform that opens the door for both libel and slander to occur simultaneously.

Accept the example I provided about Arnold and modify it a fleck. If Arnold publishes a YouTube video maxim that you are a convicted pedophile, he is committing slander when he utters the words aloud. But he is too recording himself, fixing the statement in a tangible medium (a video recording), that can be played over and over, reaching far more than simply one person. This means he is also committing libel.

Can You Sue For Slander on YouTube?

As explained above, defamatory YouTube videos can constitute both slander and libel. If you come across a live stream or YouTube video that makes a false argument that harms your personal or business organization's reputation, y'all can sue for libel or slander. If the defamatory statement is only constitute in the written description or comments section of a video, you volition have to pursue a claim for libel in a lawsuit instead.

There are of import differences between filing a libel and slander lawsuit that could mean the difference in securing a favorable result or having your case dismissed. An experienced internet defamation chaser can help you determine which form of defamation best applies to your situation.

Can Someone Post a Video of Me on YouTube Without My Permission?

This is another tricky question. The answer depends entirely on the facts at play.

In general, there is aught illegal (or civilly wrong) about posting a picture or video of another person on YouTube without their knowledge or consent. In fact, information technology happens all the time.

Even so, at that place are specific situations where posting a picture or video of another person, specially without their knowledge or consent, is illegal or can lead to civil liability.

False Low-cal & Defamation

If a YouTube video contains defamatory linguistic communication or presents y'all in a faux light, the content creator may be able to be held civilly liable.

Invasion of Privacy

Besides, if the video or image that's displayed was captured in a individual location (where you lot would accept a reasonable expectation of privacy), this can plant an invasion of privacy and information technology could exist illegal every bit well if it was taken by means of trespassing on someone's property.

For instance, if your pesky neighbor flies their drone 10 anxiety to a higher place your firm, snaps a video of y'all sunbathing in a place that 1 could reasonably run into or gain access to public locations, and posts it to YouTube – they probably can't be held civilly liable. But if they fly the drone in your house through a window and get-go taking pictures, they tin be held civilly liable and may besides be breaking the law.

Too, if someone snaps a photograph of you getting into the shower from outside your bath window, they are going to be in some trouble if they did so by sneaking over the fence onto your property. Nonetheless, if the photograph was taken from a public sidewalk and you accidentally left the blinds on your window open, there probably isn't any ceremonious or criminal wrong committed.

Misappropriation of Name & Likeness

Another example of when photos or videos tin can lead to civil liability is when they are used for commercial purposes without your consent.

Say you are a flake of a local celebrity – maybe you hold public office, or you are an influencer. If someone uses your photo, or a video of you, for purposes of advertisement and promoting their production or service (trying to apply your popularity for their gain), they probable are liable for misappropriation of your name and likeness.

Infringement of Copyright

Equally mentioned above, you have copyright protection for photos or videos yous take or create yourself. If someone shares this type of content, you tin submit a copyright takedown asking directly to YouTube.

Revenge Porn & Exploitation of Minors

Additionally, photos that constitute revenge porn or show the exploitation of minors are highly illegal and should be reported to YouTube and law enforcement akin.

While sharing another person's epitome on YouTube is typically innocent and legal in most normal cases, you should e'er aim to obtain consent if you are a content creator. This can save you the hassle of a lawsuit as well every bit YouTube penalties.

How to Sue For Libel & Slander on YouTube

Suing for libel and slander on YouTube can seem like an overwhelming and daunting endeavor but do not worry! To sue for defamation on YouTube, there are several key steps yous should follow, such every bit:

• Determine if you accept a valid defamation claim,
• Explore strategic considerations such every bit the correct (and most benign) jurisdiction to file your libel or slander conform in, and
• Comply with pre-conform filing requirements.

Determine You Have a Valid Defamation Claim

The first stride toward suing for slander and libel on YouTube is to speak with an experienced net defamation chaser. Many attorneys offer free consultations where yous tin find out if you lot even have a claim for defamation.

It is wise to find out if a defamation lawsuit is an option earlier yous commit the time and money to pursue legal action.

Explore Strategic Considerations

Once you decide that y'all have a valid defamation merits, yous will want to consider any defenses the content creator may have. There are many common defenses to defamation that may put an end to your lawsuit before you ever get to trial. Then decide where it is best to file your defamation merits.

Fortunately, in defamation cases, you have the choice of filing a lawsuit:

1. Where you live,
2. Where the defendant lives,
3. Where your concern operates,
4. Where your customers live, and
5. Where yous take experienced losses as a upshot of the defamation.

This opens the door to multiple jurisdictions, so y'all will want to strategically pick which state has the most favorable laws and is the about user-friendly location to litigate.

Comply With Pre-Arrange Filing Requirements

After a deep await into the strategic considerations above, you tin first the lawsuit process past complying with all pre-conform requirements like giving notice to the defendant. From in that location, you will need to typhoon a comprehensive legal complaint. Your complaint will need to include the following:

• Identification of the parties to the lawsuit (e.g., yous/your business, the defamer, and any other co-defendants).
• Factual allegations that describe the defamatory content (with relevant attachments showing the content).
• A claim for relief (eastward.g., amercement, removal of the defamatory content).
• A statement asserting your correct to claim all available damages include actual, special, and punitive amercement, out-of-pocket expenses, lost business, emotional distress, and injunctive relief.
• A request for a jury (although there may exist some situations where yous do not want a jury).

For further information on filing a defamation lawsuit, nosotros recommend reading our comprehensive post 'How to File a Defamation Lawsuit' or watching our video on the topic below.

Video: How to File a Defamation of Character Lawsuit

Watch

Services That Tin Help Remove Defamatory Content From YouTube

There are two fundamental services targets of YouTube defamation can use to remove the libelous or slanderous content and media.

Work With Experienced Internet Defamation Attorneys

If yous opt to file a defamation lawsuit, y'all should contact an experienced cyberspace defamation law firm. Internet defamation lawyers are uniquely equipped to handle online defamation, launch digital investigations, and uncover the identity of anonymous posters and defamers.

Internet defamation lawyers are besides well-versed in ceremonious litigation, expertise yous will want to maximize your chances of obtaining damages or a court club.

Employ Online Reputation Direction Services & Strategies

Online reputation direction (ORM) companies may likewise be able to assist with unwanted YouTube content. ORM companies utilize a variety of tools to improve and protect your online reputation, even if you are unable to become a specific YouTube video removed.

ORM companies can assist y'all prepare upwardly alerts to monitor mentions of your (or your business organisation'southward) name and help you suppress negative search results. This might include the creation of your ain website, blog, and social media accounts to "bury" the unwanted search results. In a word, ORM service providers may help yous present the online paradigm you wish to convey.

What Resources Does YouTube Offer to Help Combat Online Harassment?

If you are being harassed on YouTube, information technology is worth reading through YouTube'southward harassment policy. If a particular content creator is continually harassing you, it may be best to report their channel for abuse.

YouTube's Help Eye offers information on their Customs Guidelines, only if you adopt video tutorials, YouTube recommends checking out their Creator Academy grade.

Our Firm Tin Help Take Downwardly Defamatory YouTube Videos

At Minc Law, we assist victims of internet defamation with all of their needs. If you have a valid defamation claim, we can aid y'all file a lawsuit and obtain a court guild confronting the defamer.

★★★★★

"I had a swell feel with Minc Police and specially with the attorney that was on my case Andrew Stebbins. He was very thorough and was able to have all the links that contained my name removed. I would highly recommend Minc Law and Andrew specifically if you are looking for a defamation lawyer to help become your reputation dorsum."

Rich, Dec 27, 2020

Nosotros can also help get unwanted content removed – we take removed over 50,000 pieces of online content for our clients. Finally, nosotros offer digital take a chance protection services to aid victims of YouTube defamation protect, monitor, and restore their online reputations.

For more information or to schedule a gratis consultation, contact us at (216) 373-7706 or consummate our online contact grade.

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Source: https://www.minclaw.com/remove-defamatory-videos-content-youtube/

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