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The key line is "consents to the recording".  In most cases the "videogate" is being recorded and posted to YouTube without the consent of the person being recorded.  IF there is a preceding conversation on air where the videogater asks and then receives permission from the person they are in contact with, then yes, it is legal.

 To be fair, I have occasionally heard such a conversation, but in the majority of cases that I'm hearing live on the radio the person being recorded is only informed after the fact, or not at all, either of which makes the recording illegal.


YouTube is very strict about some content but lets other equally illegal content remain on their site for years.  So their content moderation appears to be somewhat agenda-driven.