The European Union’s highest court has ruled that Google cannot automatically rely on liability protections under EU law for gambling-related content uploaded by YouTube creators who participate in the platform’s revenue-sharing program. The decision, which stems from Italy’s gambling advertising ban, could have significant implications for gambling channels, affiliates, and influencer partnerships across Europe.
The ruling addresses the extent to which platforms like YouTube can claim immunity under the EU’s e-Commerce Directive, which generally shields intermediaries from liability for user-generated content. The court found that when YouTube partners with creators through revenue-sharing agreements, it may be deemed to have active knowledge or control over the content, thereby losing the safe harbor protections. This interpretation could force platforms to take greater responsibility for policing gambling advertisements and promotions uploaded by their partners.
Regulators across the sector have increasingly scrutinized the role of social media platforms in disseminating gambling content, particularly in jurisdictions with strict advertising bans. Italy’s gambling advertising ban, enacted in 2018, prohibits all forms of gambling promotion, including online and influencer marketing. The EU court’s decision aligns with broader efforts to hold platforms accountable for content that violates national gambling laws, even when hosted on platforms based in other member states.
The significance of this ruling extends beyond Italy. For gambling operators and affiliates, it raises the risk that YouTube and similar platforms may become more cautious about hosting gambling-related content, potentially restricting or removing channels that promote betting services. Affiliates who rely on YouTube partnerships for traffic and revenue could face increased compliance burdens or loss of access to the platform. For the wider iGaming industry, the decision underscores the growing legal complexity of cross-border advertising in the EU, where national bans may now be enforced more effectively against platform intermediaries.
Industry observers expect that YouTube and other platforms may revise their partnership terms or implement stricter content moderation policies for gambling videos in response to the ruling. The case may also prompt further litigation or regulatory action in other EU member states with similar advertising restrictions.