YouTube Wins Dispute Over Gambling Advertising
The Advocate General of the Court of Justice of the European Union issued an opinion in a dispute between Italy’s regulator AGCOM and Google Ireland, Courthouse News reports.
The Case Background and AGCOM’s Position
Earlier, AGCOM fined Google €750,000 for YouTube videos promoting iGaming operators, which the regulator said violated Italy’s 2018 ban on gambling advertising.
Google Ireland argued that within the EU it is primarily subject to Irish law and is not required to comply with every national regulator individually.
The Advocate General’s Opinion
In his opinion, the Advocate General stated that YouTube remains protected as long as it operates as a passive hosting platform, providing space and technical tools for video uploads without directly managing the content.
The Line Between Hosting and Publishing
He drew a clear distinction: if a platform begins shaping, promoting, or managing advertising, it loses its neutral host status and becomes responsible as a publisher.
- Host protection applies when a platform simply hosts user-generated content.
- Protection is lost when the platform exercises actual control over advertising (appearance, placement, promotion).
The Role of the YouTube Partner Program
AGCOM pointed to the YouTube Partner Program, which allows creators to earn revenue from ads, arguing this made the platform an active participant. However, the Advocate General concluded that monetization alone does not prove YouTube controls the content of the videos.
What Case Materials Showed
According to the case file, there is no evidence that YouTube selected or shaped specific videos related to gambling advertising. The platform’s internal checks cover only a small sample of already published videos and do not involve editing or promoting content.
Expert Views and Legal Context
Legal experts note that the Advocate General’s approach aligns with previous case law on hosting-provider liability under the E-Commerce Directive and the principles established by the Digital Services Act.
Expert Marco Bassini emphasized that contractual relationships between the platform and creators do not in themselves prove that YouTube controls their content.
Potential Legal Consequences
If the Court of Justice follows the Advocate General’s opinion, YouTube will be liable only for ads it directly creates or promotes. Advertising uploaded by users will remain the responsibility of creators and advertisers.
Practical Impact for Regulators
For national regulators, the takeaway is clear: stricter rules must be pursued at the EU level rather than through individual national measures.
Next Steps
The Court of Justice is expected to issue its final ruling in the coming months. While the Advocate General’s opinion is not binding, courts often follow such recommendations.