The Court of Justice of the European Union has determined that Google may be held responsible for gambling advertisements displayed on YouTube. The ruling addresses a regulatory dispute with Italian authorities regarding content uploaded by partnered creators.
CJEU Clarification on Platform Liability
Four years ago, Italy’s communications regulator AGCOM imposed a €750,000 penalty on Google for gambling promotions appearing on the video platform. Google contested the sanction, prompting the Lazio administrative court to refer the matter to the CJEU in 2022. The tech company argued that European telecommunications regulations exempt it from oversight of third-party uploads.The CJEU clarified that platforms retain liability exemptions only when they perform strictly technical, automated, and passive functions without reviewing stored information. The court noted that examining channel themes, popular videos, and metadata to establish commercial partnerships falls outside this passive category.
Google stated it is reviewing the decision, while the Italian court will now reevaluate the case.
Major technology firms have historically relied on these liability exemptions to limit accountability for user-generated content. AGCOM previously applied similar penalties to X for gambling advertisements, indicating a broader regulatory focus on social media promotion standards.