Europe’s highest court has ruled that Google is not automatically exempt from liability for videos uploaded to YouTube by content creators who have commercial partnerships with the company. The decision could have wider implications for how online platforms are held responsible for certain third-party content.
The case arose from a dispute between Google and Italy’s communications authority, which fined the company €750,000 ($854,250) in 2022 over gambling advertisements shown on YouTube. Google challenged the penalty, leading an Italian court to seek guidance from the Court of Justice of the European Union (CJEU).
Google argued that it was protected under EU telecommunications rules, which generally exempt platforms from liability for content uploaded by third parties. The videos promoting online gambling had been uploaded by a content creator with a commercial partnership agreement with Google.
The CJEU ruled, “Google may be held liable for the YouTube videos of a content creator with whom it has a commercial partnership.”
The court explained that online platforms can claim liability protection only when they “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.
The ruling could influence future efforts by regulators to hold social media platforms accountable for content shared by creators with commercial relationships, particularly as concerns continue to grow over online content and its impact on users.
Reacting to the decision, a Google spokesperson said, “We are disappointed by the CJEU’s decision, which we will need further clarity on. We will raise our arguments before the Council of State.”
The Italian court will now decide the case based on the guidance provided by the CJEU.
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