iWorld
Google loses EU appeal over Italy’s €750,000 YouTube gambling fine
EU court says commercial ties with creators may limit platform liability shield
MUMBAI: It seems Google’s legal safety net has developed a few holes. The European Union’s highest court has ruled that online platforms cannot always hide behind intermediary protections, handing Google a setback in its challenge against a €750,000 Italian fine over gambling advertisements shown on YouTube.
The Court of Justice of the European Union (CJEU) dismissed Google’s arguments against the penalty imposed by Italy’s communications regulator, clearing the way for the country’s courts to decide the dispute using the EU court’s legal interpretation.
The case centres on gambling-related videos published on YouTube by a creator participating in a commercial partnership with Google. The technology giant argued that the content was uploaded by a third party and that EU intermediary liability rules protected platforms from responsibility for such material.
However, the Luxembourg-based court drew a distinction between passive hosting services and commercial partnerships. It said the liability protections under EU law are intended for platforms that perform a neutral, technical and automated hosting role without exercising knowledge or control over published content.
The judges observed that this protection may not apply where a platform evaluates a creator’s channel, videos and related information before entering into a commercial relationship. In such cases, the platform’s involvement could extend beyond merely hosting content.
As a result, Google cannot automatically rely on intermediary liability protections in this dispute. The matter will now return to the Italian administrative court, which will decide whether the €750,000 penalty should stand after considering the CJEU’s interpretation.
Beyond the immediate case, the ruling could have wider consequences for technology platforms that monetise creator content through partnership programmes. It suggests that closer commercial involvement with creators may bring greater regulatory responsibility, particularly where national advertising rules are concerned.
Google had not publicly commented on the judgment at the time of publication.
