CJEU Rules Google Liable for Gambling Content on YouTube in Landmark Italian Case

Court Ruling

The Court of Justice of the European Union (CJEU) has ruled that Google cannot claim immunity from liability for YouTube videos uploaded by content creators with whom it has a commercial partnership, a decision that could reshape how major platforms handle third-party content. The case originated from a €750,000 fine (approximately $859,690) imposed by Italy’s communications authority, AGCOM, in 2022 over videos promoting online gambling on the platform.

Background of the Dispute

Google challenged the fine before an Italian administrative court, arguing that it was shielded under EU telecoms rules that exempt intermediaries from liability for content they do not control. The videos in question were uploaded by a creator who had a commercial agreement with Google. The Italian court then sought guidance from the CJEU on the scope of this exemption.

Court's Reasoning

The CJEU clarified that the liability exemption only applies when a platform acts as a “strictly technical, automated and passive” intermediary with no knowledge or control over transmitted information. In this case, judges found that Google had reviewed the channel’s theme, its most viewed and newest videos, and associated metadata before finalising the commercial partnership. “That is not the case where an operator reviews… for the purpose of concluding a commercial partnership contract,” the court stated, adding that the operator “acquires specific knowledge of the essential content” and therefore cannot claim passive intermediary status.

Implications for the Industry

The ruling, issued on July 16, 2026, sends a clear signal to social media and video platforms that commercial relationships with content creators can trigger greater accountability for uploaded material. Big Tech firms have historically relied on liability exemptions to fend off regulatory and user complaints about harmful content. This decision, however, carves out a significant exception for cases where platforms actively vet channels before partnering.

Next Steps

The Italian Council of State will now apply the CJEU’s guidance to rule on the merits of Google’s appeal. A Google spokesperson said the company is “carefully reviewing the text of the ruling.” The case is formally designated as C-421/24AGCOM (Online gambling).