The Court of Justice of the European Union has ruled that Google cannot automatically claim "neutral intermediary" liability protection for YouTube content it has reviewed as part of a commercial partnership with a creator. The judgment stems from a €750,000 fine imposed on Google Ireland by Italy's communications regulator in 2022 over gambling-promotion videos, and it narrows the legal shield platforms typically rely on to avoid responsibility for user-uploaded content, since Google had examined the channel before agreeing revenue-sharing terms.

The case centred on a creator whose channel Google vetted before entering a pre-roll advertising deal; Italy's regulator argued this review undermined Google's claim to be a passive host unaware of the content. The CJEU agreed that the liability exemption does not apply where a platform operator examines a channel's theme, top or newest videos, or metadata before striking a commercial arrangement, since this shows knowledge rather than neutrality. The ruling doesn't make Google liable for all YouTube content, but sends the specific dispute back to Italy's Council of State, and Google said it was "disappointed" and would press its arguments there.