The Court of Justice of the European Union has ruled in a case that turns on a deceptively small question: whether a platform that shares advertising revenue with a creator is still merely hosting what that creator uploads.

The dispute began on 19 July 2022, when AGCOM, Italy’s communications authority, fined Google Ireland €750,000 and ordered it to take down YouTube videos promoting online gambling.

The videos breached Italy’s Dignity Decree, the 2018 law that bans direct and indirect advertising of games with cash prizes across every medium, and which is among the strictest regimes in Europe.

It arrives in a bad month for Google in Luxembourg. The same court upheld its €4.1bn Android fine two weeks ago, dismissing the final appeal.

Google challenged the decision before an Italian administrative court, invoking the liability exemption that EU electronic commerce law grants hosting providers for material uploaded by third parties.The 💜 of EU techThe latest rumblings from the EU tech scene, a story from our wise ol' founder Boris, and some questionable AI art. It's free, every week, in your inbox. Sign up now!