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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47376
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Madam, I received a community strike on my YouTube

Resolved Question:

Dear Sir/Madam,
I received a community strike on my YouTube channel.
I appealed against their decision because I know this video is all over on YouTube and I was NOT the only one who uploaded it. They responded back with the usual template despite I wrote to them I have proof that they already put a video to 18+ which has exactly the same content as mine.
I feel their decision was a DISCRIMINATION because they put the other video to 18+ but they gave me STRIKE to the same content.
My video has been deleted and now my channel is in bad standing with limitations for 6 MONTHS.
I am writing to you to ask your help because I cannot contact YouTube, I have no more option on YouTube to discuss this DISCRIMINATION.
FYI: I have also put a warning sign on my video at the beginning which was warned the viewers that it can be disturbing however the other video I mentioned did not even do that. My video was not violated the terms of YouTube.
I feel they have not even read my appeal which is ignorance.
Thank you.
Best Regards,
Narod
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. You mention discrimination but are you aware that this can only happen if someone is treating you unfavourably because of your gender, age, religion, race or a disability? I do not see any evidence that YouTube has issued you with a strike because of these factors, unless you van show differently?
Customer: replied 2 years ago.

Dear Ben,

Thank you for your response. I uploaded a video and another user uploaded a video with the same content.

YouTube gave me a strike but they made the other user's video 18+ only.

I have evidence. I screencaptured the other 18+ video and also my deleted video just to prove their different decision.

Strike means my channel is loosing many features for 6 months therefore I cannot use facilities can give me more hits and more income.

If YouTube punishes two users differently for the same content I thought this is discrimination. I think this is unfair I got penalty and the other user got almost nothing. I must point out this time for the same content.

The only problem I could get only 18+ and not 6 months penalty.

I cannot do anything further this is why I looking for an answer of a solicitor but unfortunately this is probably a special topic.

Thank you.

Best regards,

Narod

Expert:  Ben Jones replied 2 years ago.
Hi Narod – you may refer to it as discrimination but legally it is not. There is nothing discriminatory about this in terms of your legal position. It is a moral argument, not a legal one. There is no law that states that a user of a private service who has violated the rules must be punished in exactly the same way as anyone else who has committed the same violation. They can be selective if they wanted to be – the key is that if you have violated their policy you can be penalised. Whether someone else who has committed the same offence has been penalised too is irrelevant. You cannot compare yourself to other users and how they have been punished – if you have been guilty you can be penalised and that is it. So they have not broken the law in any way. If they wanted to they can punish one person to set an example and issue a warning to other users without going on top punish every single use who has committed the same offence. Yes, it may appear unfair but it is not illegal – as mentioned you are making an argument on moral grounds, not on legal one and there is certainly no issue of discrimination here from a legal point of view. So the only way to challenge this is if you can show that you were not guilty of breaching their rules in the first place and that you were penalised for something which you should not have been. But if you did break the rules they can penalise you even if they do not do the same with anyone else who has committed the same offence. Hope this clarifies things a bit more for you?
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