Google Loses EU Appeal Over Italy Gambling Ads Fine
Alphabet-owned Google has lost its challenge against a €750,000 ($854,250) penalty imposed by Italy over gambling advertisements displayed on YouTube, after Europe's highest court ruled in favor of the Italian communications regulator.
The decision could have wider implications for the liability of online platforms that commercially collaborate with content creators.
The dispute began after Italy's communications authority fined Google in 2022 for videos promoting online gambling on YouTube. Google appealed the decision before an Italian administrative court, arguing that it should not be held responsible for content uploaded by third-party creators under European Union rules that generally shield digital platforms from liability for user-generated content.
To clarify the legal position, the Italian court sought guidance from the Court of Justice of the European Union (CJEU), based in Luxembourg. The case centered on videos uploaded by a YouTube content creator who maintained a commercial partnership with Google.
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In its ruling, the CJEU stated that Google could potentially be held liable for videos published by creators with whom it has a commercial relationship. The court emphasized that liability exemptions under EU law apply only when an online platform acts as a neutral intermediary, performing a "purely technical, automated, and passive role" without knowledge of or influence over the hosted content.
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The judges further noted that such neutrality may not apply when a platform evaluates a creator's channel, including its content, performance, or metadata, as part of establishing a commercial partnership. In such cases, the platform's involvement may go beyond that of a passive intermediary.
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The ruling marks another significant development in Europe's efforts to increase accountability for major technology companies amid growing scrutiny of online content and platform responsibilities.