EU Court of Justice concludes that Google may be liable for YouTube gambling ads
The clarification could have implications for gambling ads on other social media platforms.
Luxembourg.- The Court of Justice of the European Union (CJEU) has delivered its opinion in a dispute between Google and Italy’s media and communications regulator over the promotion of gambling on YouTube. Its view is that Google could face liability for videos uploaded by content creators with whom it has commercial partnerships.
Four years ago, Italy’s AGCOM had fined Google €750,000 over gambling ads that appeared on YouTube. Google appealed against the sanction, which led to the case being heard by the Lazio administrative court in 2022.
In its defence, Google argued that EU telecoms rules shielded it from responsibility for third-party uploads. The Italian court therefore sought clarification from the CJEU over whether that is the case.
The CJEU’s response states that platforms can only avoid liability when they act as “an intermediary service provider carrying out a strictly technical, automated and passive activity, excluding any knowledge or control over the information which is transmitted or stored.”
The court added: “That is not the case where an operator reviews, for the purpose of concluding a commercial partnership contract, the main theme of a video channel, that channel’s most viewed videos or newest videos and the associated metadata.”
Google has stated that it is “carefully reviewing the text of the ruling.” Meanwhile, the Italian administrative court will now reassess the case in light of the CJEU’s guidance.
This decision may have significant implications for other social media companies as well as Google. Big Tech firms have relied on liability exemptions to resist regulatory efforts to hold them accountable for user-generated content, particularly amid concerns about the impact of social media on children. AGCOM has also fined X over gambling ads.
