EU top court says Google can be held liable for some YouTube partner content
CJEU rules liability exemption may not apply where Google exercises oversight over content creators under commercial partnerships
BestMediaInfo Bureau17 Jul 2026
10:15IST
New Update
New Delhi: Alphabet-owned Google may be held liable for certain videos uploaded to YouTube by content creators with whom it has commercial partnerships, the European Union’s highest court ruled on Thursday, in a decision that could have wider implications for how online platforms are held responsible for third-party content
The ruling by the Court of Justice of the European Union (CJEU) stems from a dispute between Google and Italy’s communications regulator over a fine of 750,000 euros imposed in 2022 for gambling advertisements displayed on YouTube.
The case relates to videos promoting online gambling that were uploaded by a YouTube creator participating in a commercial partnership with Google.
The company challenged the penalty before an Italian administrative court, arguing that under European Union rules governing digital intermediary services, it should not be held responsible for content uploaded by third parties.
The Italian court referred the matter to the Luxembourg-based CJEU for guidance on the interpretation of EU law.
In its judgment, the CJEU said online platforms are generally protected from liability when they function solely as neutral intermediaries, carrying out technical, automated and passive roles without knowledge of or control over the content hosted on their services.
However, the court said that exemption does not necessarily apply where a platform becomes actively involved in assessing a creator before entering into a commercial partnership.
It noted that reviewing factors such as a channel’s subject matter, its most-viewed or latest videos, and related metadata could amount to a level of involvement that goes beyond a purely passive role.
The ruling means Google cannot automatically rely on intermediary liability protections in cases involving commercial partnerships with content creators.
Responding to the judgement, Google said it disagreed with the court’s interpretation and believes further legal clarification is needed. The company said it intends to present its arguments before Italy’s Council of State, which will decide the case based on the CJEU’s interpretation of EU law.
The Italian court will now resume proceedings and determine whether Google’s role in the partnership made it legally responsible for the gambling advertisements in question.
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