Google had challenged the fine imposed by an Italian administrative court in 2022, prompting the court to seek guidance from the Luxembourg-based Court of Justice of the European Union (CJEU).
The US tech giant argued that it was shielded from liability for content uploaded by third parties under EU telecoms rules. The YouTube videos promoting online gambling had been uploaded by a content creator with a commercial partnership agreement with Google.
Big Tech companies have repeatedly cited this exemption in response to attempts by regulators and users to hold them responsible for content uploaded to their platforms, amid growing global concerns about the impact of social media on children.
“Google may be held liable for the YouTube videos of a content creator with whom it has a commercial partnership,” the CJEU said.
The judges said online platforms could claim exemption from liability only if they merely “act as an intermediary service provider carrying out a strictly technical, automated and passive activity, excluding any knowledge of or control over the information which is transmitted or stored.”
“That is not the case where an operator reviews, for the purpose of concluding a commercial partnership agreement, the main theme of a video channel, that channel’s most viewed or newest videos, and the associated metadata,” the CJEU said.
Google did not immediately respond to an emailed request for comment.
The Italian court will now rule on the merits of the case based on the CJEU’s judgment.
