Google under the microscope in Italy for potential ad ban breach

Italian marketing regulator AGCOM has refused to close proceedings against Google having ruled that further investigation into the search giant is required.

Google is being investigated by AGCOM for a potential breach of the country’s outright ban on gambling advertising, which came into force with the Dignity Decree back in 2018.

According to the decree, any form of advertising, even indirect, relating to games or bets with cash winnings, is prohibited, be it on television, radio or online.

AGCOM’s current investigation into companies including Google Inc., Google Ireland Limited and Google Italy Srl, reportedly centres on search results showing ads for overseas-based gambling firms.

Milan-based DLA Piper partner Giulio Coraggio said: “If the Google search results are merely informative, do not contain any call to action, and merely outline the features of operators’ offerings, the Italian gambling advertising ban shall not apply according to the terms of the AGCOM guidelines.

“Once again, the ban cannot prevent companies from operating and from informing their customers about their services. The outcome of the AGCOM investigation against Google is likely to be a showdown for the Italian gambling market.

“If some further exceptions to the applicability of the ban are identified, they could lead to a reshaping of operators and affiliates’ strategy,” he added.

Google has faced several headaches as a result of Italy’s ad ban, not least for a brief period in 2018 when licensed operators were wiped from its search results, allowing unregulated gambling firms to climb the rankings.