AGCOM dismisses proceedings against Meta: no breach of the ban on online gambling advertising
Italy’s Communications Authority (AGCOM) has drawn a clear line on one of the most sensitive issues for the digital and regulatory ecosystem: the relationship between social media platforms and the ban on gambling advertising. In a formal ruling, AGCOM ordered the dismissal of the sanctioning proceedings no. 2862/ZD brought against Meta Platforms Ireland Limited, ruling out any violation of Article 9 of the so-called Dignity Decree governing online gambling advertising.
The decision follows a complex investigation triggered by a report from the Guardia di Finanza and centred on the activity of a Facebook page run by a tipster, which had gradually become a reference point for a community interested in slots and online gaming. Beyond the individual case, the ruling provides significant insight into the role of platforms, the legal classification of digital content and the practical application of the Digital Services Act.
From the Guardia di Finanza report to the opening of proceedings
The case originated with a report filed by the Guardia di Finanza on 24 February 2025. Investigators focused on a Facebook page linked to a tipster, used to share updates, promote events and direct users to live streaming sessions and other external channels.
According to the reconstruction, the page functioned as a genuine information hub, capable of channelling traffic towards additional platforms and social networks, thereby expanding the digital footprint of its owner. One aspect, however, proved immediately central to the assessment: the Facebook page did not host any native videos, but only links that were supposed to redirect users to content on other platforms, which were no longer accessible at the time of the checks. This was no marginal detail. The Guardia di Finanza itself highlighted the absence of videos directly uploaded to Meta’s social network, a factor that would later weigh heavily in the Authority’s evaluation.
AGCOM’s notification and Meta’s response
Based on these findings, on 9 May 2025, AGCOM formally notified Meta Platforms Ireland Limited of an alleged breach of Article 9 of the Dignity Decree, which imposes a comprehensive ban on gambling advertising, including indirect forms of promotion.
Meta responded by requesting that the proceedings be dismissed, providing a detailed explanation of how Facebook operates and drawing a clear distinction between so-called organic content and paid advertising content. According to the company, the case did not involve advertising in any form, nor sponsored placements.
At the time the notification was received, no paid advertisements were active on the Facebook page in question. Meta further stressed that a significant portion of the posts published over the previous year were unrelated to gambling, and that none of the available content could be classified as promotional. Crucially, the user managing the page had never purchased advertising space on the platform.
Another key argument concerned the absence of direct access to gambling services. The contested Facebook page did not provide entry points to slot games or online gaming platforms, nor did it directly promote gambling services.
AGCOM’s legal assessment and the lack of promotional intent
Following an in-depth analysis of the case and of the Italian and European legal framework, AGCOM concluded that it was not possible to link the reported content to any of the scenarios covered by paragraph 5 of Resolution no. 132/19/CONS of 18 April 2019.
In particular, the Authority found no evidence of commercial relationships between Meta and the owner of the Facebook page under investigation. A decisive point was the absence of any direct or indirect economic benefit for the platform. Meta was neither the recipient of economically quantifiable remuneration linked to the page’s content, nor the beneficiary of indirect advantages such as increased visibility or the loyalty of a gambling-focused audience capable of translating into future monetisation through sponsorships or commercial partnerships.
The fact that a large proportion of the content was no longer accessible also played a role, making it impossible to identify a concrete and current promotional purpose.
The decisive role of the Digital Services Act
A determining factor in AGCOM’s final assessment was the application of the liability exemption regime provided for by the Digital Services Act. The DSA protects hosting service providers that do not have actual knowledge of unlawful content and that act promptly once they are informed of its existence.
In this case, AGCOM held that Meta acted purely as a passive hosting provider, without any prior control over user-uploaded content. This role was deemed consistent with the European regulatory framework, particularly in light of the fact that the company took immediate steps to block access to the contested Facebook page for users in Italy as soon as it was informed of the alleged infringement through the formal notification.
Dismissal of the case and potential next steps
In light of these considerations, AGCOM ruled out any breach of the gambling advertising ban under the Dignity Decree and ordered the dismissal of the proceedings. Any further objections raised by Meta were deemed absorbed for reasons of procedural economy.
The Authority noted that the decision may still be challenged before the Regional Administrative Court (TAR) of Lazio within 60 days of notification. Nonetheless, the ruling already stands as a significant precedent for the iGaming sector and for major digital platforms operating in Italy.
In an increasingly complex regulatory landscape, where national rules intersect with European legislation, AGCOM’s decision helps clarify the boundaries of platform liability. It reinforces the principle that the ban on online gambling advertising cannot be applied automatically, but must be based on a careful assessment of the nature of the content, the existence of economic relationships and the actual role played by digital intermediaries.
This article was first published in Italian on 16 December 2025.
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