No liability exemption for Google in Italian YouTube spat, EU court says

Alphabet unit Google is not immune from ​liability for videos uploaded to ​YouTube by commercial partners, Europe's top court said on ​Thursday, a ruling which could put social media networks on the hook for uploaded content not managed by them.

The case before the Luxembourg-based Court of Justice of the European ‌Union (CJEU) centred ⁠on a ⁠spat between Google and Italy's communication authority which fined the company €750,000 ($854,250) for gambling advertising ​on its YouTube video platform four years ago.

Google had challenged the fine handed out by ​an Italian administrative court in 2022, prompting that court to seek guidance from the CJEU.


The U.S. tech giant said 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 deal with Google.

Big Tech ⁠has repeatedly cited this exemption against attempts by regulators ​and users to hold them responsible for content uploaded ​to their platforms amid growing worries globally 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.

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."

"That is not the case where an operator reviews, for the purpose of concluding a commercial partnership contract, the main theme of a video channel, ​that channel's most viewed videos or newest videos and the associated metadata," the CJEU said.

"We are carefully reviewing the text of the ruling," a Google spokesperson said.

The Italian court will now rule on the merits of the case based on the CJEU's judgement.

The case is C-421/24AGCOM (Online gambling).