CJEU says Google may be liable for YouTube gambling ads in Italy

The Court of Justice of the European Union has given a reading of EU telecoms rules that could expose Google to liability over gambling ads uploaded to YouTube by creators in commercial partnerships. For PSPs and operators that buy media on social platforms, the practical point is simple: the liability shield is not as broad as platforms have often argued.

1. Four years ago, Italy’s AGCOM fined Google €750,000 over gambling ads that appeared on YouTube. Google appealed the sanction, and the case reached the Lazio administrative court in 2022.
2. Google argued that EU telecoms rules protected it from responsibility for third-party uploads. The Italian court asked the CJEU to clarify whether that position held.
3. The CJEU said platforms can avoid liability only 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.”
4. The court added that this does not apply when 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.” In other words, once the platform is screening content for ad deals, the passive-host argument gets thinner.
5. Google said it is “carefully reviewing the text of the ruling.” The Italian administrative court will now reassess the case in light of the CJEU’s guidance.

The ruling may also matter beyond YouTube. The text specifically flags possible implications for other social media companies, and AGCOM has already fined X over gambling ads. For high-risk advertisers, that means platform due diligence is not just about ad policy; it is also about where the platform sits on the spectrum between host and editor.