YouTube gambling ads: Google loses appeal against fine imposed by Italian body
Google has been fined approximately $854,250; the tech giant has argued that it was protected by EU regulations that exempt online platforms from liability for content uploaded by third parties
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Published: Jul 16, 2026 5:30 PM | 1 min read
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- Google has lost its legal challenge against an $854,250 fine from Italy's communications authority for gambling advertisements on YouTube.
- The ruling follows a 2022 decision by an Italian court, which sought clarification from the Court of Justice of the European Union (CJEU) regarding Google's liability under EU telecommunications rules.
- Google contended that EU regulations shield online platforms from liability for third-party content; however, the CJEU determined that this protection does not apply if a platform actively engages with the content.
- The court indicated that platforms could be held liable if they review a creator's content or performance prior to forming a commercial partnership.
Alphabet-owned Google has lost its challenge against an approximately $854,250 fine imposed by Italy's communications authority over gambling advertisements carried on its YouTube platform, after Europe's highest court ruled that the company could be held liable under certain circumstances.
The dispute stems from a 2022 decision by an Italian administrative court, which upheld the penalty and sought guidance from the Court of Justice of the European Union (CJEU) on the extent of Google's liability under EU telecommunications rules.
Google argued that it was protected by EU regulations that exempt online platforms from liability for content uploaded by third parties. The videos promoting online gambling had been posted by a content creator who had a commercial partnership agreement with the company.
However, the CJEU ruled that such protection does not apply where a platform goes beyond acting as a passive intermediary. The court said an online platform may be held liable if it actively reviews a creator's content, channel performance or metadata before entering into a commercial partnership.
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