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TechCJEU rules Google liable for gambling ads on YouTube, loses challenge against Italian fine
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Alphabet unit Google lost its legal challenge against a €750,000 ($854,250) fine imposed by Italy's communication authority for gambling advertising on YouTube. The Court of Justice of the European Union (CJEU) ruled that Google may be held liable for YouTube videos promoting online gambling uploaded by a content creator with whom it had a commercial partnership. Google had argued it was shielded from liability under EU telecoms rules for third-party content. The CJEU stated that the exemption only applies if the platform acts as a passive intermediary, which was not the case here as Google reviewed the channel's content before entering the partnership. The case now returns to an Italian administrative court for a final ruling on the merits.
Source report
Updated: July 16, 2026 03:59 pm IST — BRUSSELS Source: Reuters
Alphabet unit Google on Thursday (July 16, 2026) lost its fight against a €750,000 ($854,250) fine imposed for gambling advertising on its YouTube video platform four years ago, as Europe’s top court sided with Italy’s communication authority.
Google had challenged the fine handed down by an Italian administrative court in 2022, prompting that court to seek guidance from the Luxembourg-based Court of Justice of the European Union (CJEU).
Key Ruling
The U.S. tech giant argued it was shielded from liability for content uploaded by third parties under EU telecoms rules. The YouTube videos promoting online gambling had been uploaded by a content creator with a commercial partnership deal with Google.
The CJEU ruled: “Google may be held liable for the YouTube videos of a content creator with whom it has a commercial partnership.”
Legal Context
Big Tech has repeatedly cited the EU liability exemption against attempts by regulators and users to hold them responsible for content uploaded to their platforms, amid growing global concerns about the impact of social media on children.
Judges stated that online platforms could claim exemption from liability if they merely:
- Act as an intermediary service provider
- Carry out a strictly technical, automated, and passive activity
- Exclude any knowledge or control over the information transmitted or stored
However, the CJEU clarified: “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.”
Next Steps
The Italian court will now rule on the merits of the case based on the CJEU’s judgement.
Case reference: C-421/24AGCOM (Online gambling)
Google did not immediately respond to an emailed request for comment.
Source
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Google loses court fight against $854,250 Italian fine over gambling advertising