The Court of Justice of the European Union (CJEU) has ruled that YouTube cannot automatically rely on EU liability protections for gambling-related videos uploaded by creators enrolled in its revenue-sharing program, a decision that could reshape how online platforms manage monetized gambling content across Europe.
The judgment stems from a long-running legal dispute between Google and Italy’s communications regulator, AGCOM, which imposed a €750,000 ($857,000) fine after YouTube hosted videos promoting gambling websites in breach of Italy’s 2018 gambling advertising ban. The regulator also ordered the removal of around 630 videos containing similar content.
Google argued that it should be protected under the EU’s E-Commerce Directive, which generally shields hosting platforms from liability for content uploaded by third parties. However, the EU’s highest court found that such protections may no longer apply when a platform moves beyond acting as a neutral intermediary.
According to the CJEU, platforms that actively review creators’ content before entering commercial partnerships may acquire sufficient knowledge of that content to lose the directive’s liability exemption. The court highlighted YouTube’s Partner Program, under which Google evaluates a channel’s main topic, popular and recent videos, and related metadata before approving creators for advertising revenue sharing.
The judges concluded that, in circumstances like those examined in the case, Google could not reasonably claim ignorance of channels primarily dedicated to gambling-related content while simultaneously approving them for monetization.
At the same time, the court drew an important distinction between hosting content and the gambling advertisements themselves. It confirmed that while gambling advertising is subject to national regulation, the act of hosting such material still falls within the scope of the E-Commerce Directive. The liability question instead depends on whether the platform remained a passive host or took a more active role in relation to the content.
The CJEU did not determine Google’s ultimate liability under Italian law. Instead, it referred the case back to Italy’s Council of State, which will now decide whether Google’s actions satisfy the legal threshold outlined by the EU court. Google has expressed disappointment with the ruling and said it will continue presenting its arguments during the Italian proceedings.
The decision arrives amid increasing scrutiny of gambling-related content on major digital platforms. In recent years, YouTube has tightened its gambling policies by restricting links to unapproved gambling operators and expanding age limitations on gambling-related videos, while Google has also updated its gambling advertising rules across multiple jurisdictions.
Legal experts believe the ruling could have significant implications not only for YouTube, but also for affiliate marketers, influencers and other online platforms that monetize creator content through commercial partnerships involving regulated industries such as gambling.