The European Court of Justice (ECJ) Advocate General has issued an opinion in a dispute between the Italian regulator AGCOM and Google Ireland.
Previously, AGCOM fined Google €750,000 for allowing YouTube users to post videos promoting iGaming operators, which allegedly violated Italy’s 2018 ban on gambling advertising. Google Ireland argued that under EU law, the company is primarily subject to Irish regulations, not the laws of every country where its platform operates.
The Advocate General supported YouTube’s position, stating that the platform functions as a neutral hosting servicerather than directly controlling user content. According to the opinion, YouTube merely provides the space and technical tools for video uploads but does not decide what content is displayed. The monetization program, YouTube Partner Program, was also deemed irrelevant in this context. The platform could only face liability if it actively posted or promoted gambling ads itself.
The ECJ is expected to issue its final ruling in the coming months. While the Advocate General’s opinions are non-binding, the Court typically follows their recommendations in most cases.
This case highlights the ongoing debate in the EU over the responsibilities of online platforms in regulating user-generated content, particularly when it comes to sensitive areas such as gambling and other regulated industries. A ruling in favor of YouTube could have significant implications for how member states enforce national advertising laws on global digital platforms.
