Hogan Lovells secures win in court for Google in online gaming advertising ban dispute

Press releases | 08 September 2023

Rome, 8 September 2023 – Global law firm Hogan Lovells has secured a significant win for its client Google before the Administrative Court in Rome, obtaining the annulment of the EUR 750,000 imposed by the Italian Communication Authority AGCOM for the alleged violation of the ban on online gambling advertising due to the presence of users’ videos on YouTube.

In its judgment, the Court stated that Google shall be considered an hosting provider with respect to the video-sharing platform YouTube and therefore is not liable for the content of the videos hosted on the platform and created by its users, including those that allegedly advertise gambling activities. In this perspective, the Court recognized the exemption from liability of hosting providers, when they solely make available a virtual space on which users can upload their content, having not actually played a role in the illicit conduct and having taken all the feasible measures to remove the detrimental consequences of such conduct.

The Hogan Lovells team in Italy advising Google included partners Marco Berliri and Francesca Angeloni, consultant Gaia Gelera and associate Michele Traversa.