Google may face greater responsibility for gambling-related content on YouTube after the European Union’s top court ruled that the technology giant cannot automatically claim immunity for videos uploaded by commercial partners, as reported by Reuters.
The case before the Court of Justice of the European Union (CJEU) centred on a dispute between Google and Italy’s communications authority AGCOM, which fined the company €750,000 ($854,250) over gambling advertisements on its YouTube platform four years ago.
Google challenged the fine, which was issued by an Italian administrative court in 2022, prompting the court to seek guidance from the CJEU.
The US technology giant argued that it was protected from liability for third-party content under EU telecoms rules. The YouTube videos promoting online gambling had been uploaded by a content creator who had a commercial partnership agreement with Google.
Big Tech companies have repeatedly relied on these liability exemptions in response to efforts by regulators and users to hold platforms accountable for content uploaded by third parties, amid growing concerns about the impact of social media on consumers.
However, judges said online platforms could claim exemption from liability if they merely "act as an intermediary service provider carrying out a strictly technical, automated and passive activity, excluding any knowledge or control over the information which is transmitted or stored."
The CJEU added: "Google may be held liable for the YouTube videos of a content creator with whom it has a commercial partnership."
The court said this exemption would not apply where an operator reviews a channel’s main theme, most viewed videos, newest videos and associated metadata for the purpose of entering into a commercial partnership.
The Italian court will now decide on the merits of the case based on the CJEU’s ruling.
Google said it was disappointed with the CJEU ruling, stating it would seek further clarity and continue to present its arguments before Council of State
