Google has lost its challenge against a €750,000 ($854,250) fine imposed by Italy’s communications authority for allowing online gambling advertisements on YouTube. In a significant ruling, the Court of Justice of the European Union (CJEU) rejected the tech giant’s arguments, establishing that online platforms can be held legally responsible for content uploaded by creators with whom they have a commercial partnership.
The legal dispute dates back four years when Italy’s communications regulator, AGCOM, penalized Google over gambling-related videos uploaded by a YouTube creator. Google challenged the decision in an Italian administrative court in 2022, asserting it was shielded from liability under EU telecommunications rules that protect hosting platforms from third-party content disputes. This led the domestic court to seek direct guidance from the Luxembourg-based CJEU.
In its ruling, the EU’s highest court drew a clear line between passive hosting and active commercial arrangements. The judges clarified that liability exemptions under EU law are strictly intended for neutral intermediary service providers executing automated, technical, and passive activities without knowledge or control over the stored information.
According to the CJEU, these legal protections do not apply when a platform actively reviews a creator’s channel, metadata, and top-performing videos to establish a commercial partnership contract. Because the YouTube creator promoting the online gambling content had a commercial agreement with Google, the court determined that the tech giant exercised sufficient control to potentially be held liable.
The case will now return to the Italian administrative court, which will issue a final ruling on the merits of the €750,000 penalty based on the CJEU’s legal interpretation. Beyond the immediate fine, the landmark ruling is expected to have broad implications for Big Tech platforms that monetize creator content, signaling that closer commercial ties with content creators will bring greater regulatory responsibility.