Online gambling and advertising: the EU Court opinion strengthens the position of licensed operators
The responsibility of digital platforms in the dissemination of illegal gambling advertising has returned to the forefront of the European debate. Last week, Advocate General Maciej Szpunar of the Court of Justice of the European Union released an opinion destined to reshape the relationship between national regulation, digital services, and consumer protection. The case centres on the €750,000 fine imposed by AGCOM on Google for the presence of more than 600 unauthorised gambling-related promotional videos on YouTube. An issue that has drawn significant attention across the sector, particularly among European operators represented by industry associations.
A crossroads between national rules and EU digital regulation
At the heart of the matter lies the relationship between Italy’s 2018 Decreto Dignità, which introduced a blanket ban on gambling advertising, and the European regulatory framework governing online platforms. The disputed videos were published via channels affiliated with the YouTube Partner Program, a system allowing revenue sharing between the platform and content creators. This detail is far from marginal, as it raises questions regarding the platform’s potential involvement in promoting content that breaches national legislation.
The Advocate General clarified a crucial principle: platform liability is not automatic but depends on the platform’s actual involvement. If YouTube merely provides a neutral and passive space for user-uploaded content, it remains protected under the liability exemption granted by the E-Commerce Directive. However, should the platform intervene actively in promoting or recommending unlawful content – or if it has actual knowledge of its illegality – the exemption no longer applies.
Passive hosting or active participation?
The opinion emphasises that hosting services fall under European protections only when platforms exercise no direct control over the uploaded content. This means that storing videos containing unlawful gambling advertising does not automatically trigger liability. Yet any behaviour that could be interpreted as an active role – such as algorithmic recommendations, targeted promotions, or revenue-sharing arrangements – can radically alter the legal scenario.
For licensed operators, this clarification is pivotal. Platform neutrality, often invoked as a defence, cannot become an automatic shield when intermediaries profit directly from content that violates national laws. The notion of “passive hosting” cannot extend to situations where the platform plays an economic role in the amplification of illegal material.
Gambling regulation remains a matter for Member States
Another significant point of the opinion is the strong reaffirmation that gambling regulation remains an exclusive competence of EU Member States. This means each country retains full authority to impose bans, safeguards, and advertising restrictions without the obligation to align with harmonised European standards.
In practical terms, Italy’s ban on gambling advertising cannot be contested on the grounds of the EU’s freedom to provide digital services. Gambling is explicitly excluded from EU harmonisation due to its social, economic, and public-health implications. A confirmation that, according to the European Casino Association (ECA), strengthens national sovereignty and supports the integrity of the licensed market.
A clear message to digital platforms and the regulated sector
Industry associations have welcomed the Advocate General’s position as a decisive step towards greater platform accountability. The message is unambiguous: platforms can no longer hide behind technical neutrality when they benefit financially from content that breaches national regulations.
At the same time, the opinion represents a significant development for the regulated gaming ecosystem. Reinforcing platform responsibility means offering better consumer protection, tackling unlicensed gambling operations more effectively, and safeguarding the transparency of the European market. The widespread online presence of illegal gambling promotions – often linked to offshore operators – remains one of the sector’s most pressing challenges.
Awaiting the Court’s final judgment
The Court of Justice is expected to issue its final ruling in the coming months, confirming or potentially revising the conclusions reached by the Advocate General. Nevertheless, the political and regulatory direction is already clear: the era of digital impunity appears to be drawing to a close, and public interest is regaining central relevance in the European debate on gambling advertising.
For licensed operators, national regulators, and the wider iGaming ecosystem, the opinion marks a turning point. A more balanced and coherent regulatory landscape is emerging – one in which digital platforms are required to share responsibility and contribute actively to the protection of the regulated market.
This article was first published in Italian on 1 December 2025.
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