YouTube will soon let creators back on the platform who were previously banned over now-retired content policies — including those prohibiting misinformation about the 2020 U.S. presidential election and COVID-19. A lawyer for Alphabet, in disclosing the move, said the Biden administration had pressured the internet company to crack down on YouTube content with information government officials at the time felt was misinformation about COVID.
The news was included in a “statement of facts” from Alphabet, the parent of YouTube and Google, sent in response to subpoenas issued to the company by the House Judiciary Committee, chaired by Rep. Jim Jordan (R-Ohio).
The letter sent to the committee, dated Sept. 23, was signed by King & Spalding partner Daniel Donovan, a lawyer representing Alphabet in the matter. (A company rep confirmed that the letter, posted by the House Judiciary Committee, is authentic.)
“YouTube’s Community Guidelines allow for a wider range of content regarding COVID-19 and elections integrity,” the letter said. “Reflecting the Company’s commitment to free expression, YouTube will provide an opportunity for all creators to rejoin the platform if the Company terminated their channels for repeated violations of COVID-19 and elections integrity policies that are no longer in effect.”
The letter continued, “YouTube values conservative voices on its platform and recognizes that these creators have extensive reach and play an important role in civic discourse. The Company recognizes these creators are among those shaping today’s online consumption, landing ‘must-watch’ interviews, giving viewers the chance to hear directly from politicians, celebrities, business leaders, and more.”
In a post on X Tuesday, YouTube said, “We’ve had a lot of questions about a pathway back to YouTube for some terminated creators to set up a new channel. This will be a limited pilot project that will be available to a subset of creators in addition to those channels terminated for policies that have been deprecated.”
The reinstatement program, which is set to officially launch in a few weeks, will encompass users who had been banned not only under the election and COVID misinformation bans but other now-defunct policies.
According to the letter from Alphabet’s lawyer, senior Biden administration officials, including White House officials, “conducted repeated and sustained outreach to Alphabet and pressed the Company regarding certain user-generated content related to the COVID-19 pandemic that did not violate its policies. While the Company continued to develop and enforce its policies independently, Biden Administration officials continued to press the Company to remove non-violative user-generated content.”
The letter continued, “As online platforms, including Alphabet, grappled with these decisions, the Administration’s officials, including President Biden, created a political atmosphere that sought to influence the actions of platforms based on their concerns regarding misinformation. It is unacceptable and wrong when any government, including the Biden Administration, attempts to dictate how the Company moderates content, and the Company has consistently fought against those efforts on First Amendment grounds.”
Two years ago, YouTube reversed its ban on videos that falsely claimed Trump won the 2020 U.S. presidential election. The video platform announced that as of June 2, 2023, it would “stop removing content that advances false claims that widespread fraud, errors or glitches occurred in the 2020 and other past U.S. Presidential elections.”
As of December 2024, YouTube had fully retired its COVID-19 misinformation policy to allow for “discussion of various treatments” for the disease. COVID now falls under its broader Medical Misinformation framework covering content related to infectious diseases (including influenza and measles). In October 2020, YouTube had announced a ban on videos that include claims about coronavirus vaccinations and treatments that contradicted information from health authorities.
“No matter the political atmosphere, YouTube will continue to enable free expression on its platform, particularly as it relates to issues subject to political debate. Political debate and discussion are in the public’s interest,” the letter from Alphabet’s lawyer said.
The letter added that YouTube does not operate a fact-checking program. However, it has in the past provided fact-checking “panels” aimed at debunking conspiracy theories in conjunction with third-party partners.
The Alphabet lawyer’s letter also said, “The Company appreciates the accountability from the House Judiciary Committee — led by Chairman Jim Jordan — and its critical role in advancing the core American value of freedom of expression. The Company has a commitment to freedom of expression. This commitment is unwavering and will not bend to political pressure.”