Google avoids huge fine in Italy over online gambling ads
Alphabet and Google escaped a 750,000 euro ($806,175) fine that Italy's Communications Guarantee Agency (AGCOM, by its Italian abbreviation) tried to impose. AGCOM accused the company of violating advertising laws by allowing gambling ads to be placed on YouTube. But now the courts have a different opinion.
Last August, AGCOM issued fines to Google and advertising partner Top ADS. The ads allegedly appeared in violation of anti-gambling advertising laws. Google appealed the fine, which ended last week.
In its response, the Lazio Regional Administrative Court ruled that Google was not responsible for the ads. The court held that, as a hosting provider, Google was not suitable to be sanctioned based on the principles of Italian and European case law. These laws preserve a degree of protection for providers in certain circumstances.
The court ruled that hosting providers are limited to creating virtual spaces where users can upload their own content. If a crime was committed, they were not directly involved in the crime.
The scope of precedent is subject to some limitations. If regulators ask for content to be removed and a host does not respond promptly, they may be held liable. However, providers won't get into trouble if they take reasonable steps to remove objectionable content.
In the YouTube video case, the court said AGCOM failed to prove that Google played an active role in publishing or creating the content. Therefore, the only outcome is that Google’s appeal against the AGCOM decision is upheld.
Google’s beautiful story
This is not the first time Google has encountered this situation in Italy. There was a similar dispute with AGCOM a few years ago.
In November 2019, AGCOM discovered that typing the term “online casino” (in Italian) into a search engine resulted in paid ads appearing among the first results. It points to a ".com" website, making it an illegal advertisement.
Regulators subsequently slapped Google with two fines of €50,000 ($53,695). As in recent cases, Google appealed to the Lazio Regional Administrative Court. It also ruled in favor of Google in this case.
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Source: www.casino.org
