EU Court Says YouTube Can’t Rely on Liability Shield for Partnered Gambling Channels
The ruling stems from Italy's gambling advertising ban and could have wider implications for YouTube gambling channels, affiliates and influencer partnerships across Europe.
Europe’s highest court ruled that Google may not be able to rely on EU liability protections for gambling videos uploaded by YouTube creators participating in its revenue-sharing program. The decision could have broader implications for online platforms and gambling content.
The Court of Justice of the European Union (CJEU) said platforms can lose their liability exemption when they gain specific knowledge of user content through commercial partnerships. That includes reviewing creators’ channels and videos.
The case stems from a €750,000 ($857,000) fine imposed by Italy’s communications regulator, AGCOM, over gambling-related videos posted on YouTube.
Google challenged the penalty, arguing the EU’s hosting liability exemption protected it because third parties had uploaded the videos. However, the CJEU said that protection may not apply if the platform goes beyond acting as a neutral host.
Where the activity of the operator of an online platform results in it knowing the essential content uploaded by a user to that platform, it cannot rely on the exemption from liability laid down in Article 14 of Directive 2000/31.”
Court Says Hosting Gambling Ads Differs From Gambling Advertising
The dispute arose after AGCOM determined that YouTube channels had promoted gambling websites and encouraged viewers to submit videos of their winnings in exchange for payments. The regulator imposed the fine under Italy’s 2018 ban on gambling advertising. AGCOM also ordered Google to remove 630 videos and similar content from the platform.
The Italian court asked the CJEU to answer two questions:
- Whether the EU’s E-Commerce Directive applies to hosting gambling advertisements.
- Whether Google could still benefit from the directive’s liability protections despite its commercial relationships with content creators.
On the first issue, the CJEU sided with Google.
The judges held that while online gambling advertising itself falls outside the scope of the directive, hosting that advertising does not.
The activity of online hosting is not intrinsically linked to that gambling.”
The court further stated that hosting gambling advertising “is no different from the activity of hosting other types of advertising or, more broadly, other content.”
As a result, YouTube’s hosting activities remain covered by the directive’s liability framework even when the uploaded videos contain gambling advertisements.
Court Says YouTube Partner Program Can Remove Liability Protection
The second ruling centered on YouTube’s Partner Program.
Under the program, Google shares advertising revenue with creators and reviews channels before allowing them to participate. According to the court, Google examines a channel’s main theme, its most-viewed and newest videos and related metadata before entering into revenue-sharing agreements.
The judges said those steps can give Google enough knowledge of a creator’s content to lose its liability protection.
That is also the case where the operator of an online video platform examines, with a view to concluding a revenue-sharing agreement, a video channel’s main theme, that channel’s most viewed videos or newest videos, or the metadata of those videos.”
The court said that, in this case, “Google could not reasonably have been unaware that their main theme was gambling and games of chance and that they contained a number of videos advertising such games.”
The judges did not rule on whether Google is ultimately liable under Italian law. Instead, they sent the case back to Italy’s Council of State, which will determine whether Google’s conduct meets the standard set out by the CJEU.
Decision Comes as YouTube Tightens Gambling Policies
The ruling comes as YouTube and Google have been tightening their approach to gambling content and advertising.
In March 2025, YouTube introduced stricter rules. The platform moved to prohibit creators from directing viewers to unapproved gambling websites and expanded age restrictions on gambling-related videos. Previously, Google also updated its gambling advertising policies in several jurisdictions.
The CJEU decision could be particularly relevant for gambling affiliates, influencers and content creators that participate in platform monetization programs, as the court’s ruling focused on YouTube’s revenue-sharing relationships with creators.
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