No liability exemption for Google in Italian YouTube spat, EU court says
Court's reasoning and next steps
"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).
Background to the Italian fine and Google’s defense
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.
