EU court limits hosting liability in Google-Agcom gambling advertising case
Regulation1 min read
The EU Court of Justice ruled on 16 July that hosting video services fall within the relevant directive, including when videos carry gambling advertising. It said hosting providers cannot rely on limited liability where a video platform shares advertising revenue under a commercial partnership and examines or controls the channel or its content; the ruling was added to a procedure list sent to Italy’s Senate.
The EU Court of Justice ruled on 16 July that video hosting services are covered by the relevant EU directive even when videos contain advertising for gambling involving a monetary stake. The court said limited liability protections for hosting providers do not apply to a video platform operator with a commercial partnership that shares advertising revenue and involves examination and control of the channel, its main themes, metadata or most-viewed videos.
Agcom fined Google 750mila euro after a creator's videos made under a commercial partnership appeared on YouTube. The contract provided for advertising proceeds from the videos to be divided after the platform checked the content. The company appealed the sanction in administrative court, leading the Council of State to refer a question to the judges in Luxembourg.
European affairs minister Tommaso Foti sent the Senate a list of EU judicial and pre-litigation procedures that included the ruling and was updated to 30 September.