Top EU court clips YouTube's intermediary defense over reviewed content
You can't claim to be a passive host after vetting a creator's channel, Google warned
The Court of Justice of the European Union (CJEU) has ruled that Google may not be able to claim intermediary liability protection for YouTube content it reviews as part of a commercial partnership with a creator.
The case stems from a €750,000 fine imposed on Google Ireland by Italy's communications regulator in 2022 over YouTube videos promoting online gambling.
Before entering the revenue-sharing agreement, under which Google placed pre-roll ads on the creator's videos, the company reviewed the channel's content. The regulator argued that this examination undermined Google's claim that it acted as a neutral intermediary exempt from liability.
Google appealed against the fine, and the case was referred to the CJEU. The court rejected Mountain View's reading of the liability exemption, leaving Italy's Council of State to decide the dispute.
The exemption still applies...
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