Consumers in Italy are facing a evolving regulatory environment regarding online gambling advertising, as consumer protection organizations and European legal frameworks push for greater accountability from digital platforms. Adiconsum, a prominent Italian consumer advocacy group, has recently intensified its focus on the intersection of digital advertising, influencer marketing, and the responsibilities of major search engines and social media providers in mitigating the risks associated with unauthorized or misleading gambling content.
The core of the current debate centers on the “platform liability” doctrine. Under the European Union’s Digital Services Act (DSA), which became fully enforceable for all platforms in February 2024, providers are required to implement more rigorous mechanisms to identify and remove illegal content, including illicit gambling advertisements that target minors or vulnerable populations. According to the European Commission, platforms must now act with greater diligence to ensure their advertising ecosystems do not facilitate prohibited activities, shifting the burden of monitoring away from passive hosting toward active oversight.
Platform Liability and the Role of Digital Gatekeepers
A central issue for regulators and consumer advocates is whether search engines and social media giants maintain “neutral” status when they enter into commercial agreements with content creators. When a platform facilitates an advertising arrangement, legal experts argue that the traditional “safe harbor” protections—which generally shield service providers from liability for third-party content—may be weakened. This shift is significant because it suggests that if a platform actively monetizes or promotes gambling-related content through creator partnerships, it may share legal responsibility for that content’s compliance with national advertising bans, such as Italy’s “Dignity Decree” (Decreto Dignità), which has strictly prohibited gambling advertising since 2018.
The Italian Communications Authority, AGCOM, has consistently enforced these restrictions, issuing fines to companies and influencers found to be promoting gambling platforms in violation of the law. The challenge remains in the technical nature of online advertising, where algorithms often place ads automatically, and international creators may operate outside of Italian jurisdiction while still reaching Italian audiences.
Consumer Protection and Influencer Transparency
Adiconsum has highlighted the risks posed by “influencer marketing,” where the lines between organic entertainment and paid promotion become blurred. When an influencer showcases a gambling app or platform without clear disclosures, consumers—particularly younger users—may not recognize the content as a paid advertisement for a financial risk product.
To combat this, the Italian Competition Authority (AGCM) has increased its scrutiny of social media transparency. The regulator requires that all commercial collaborations be explicitly marked with disclosures such as #adv or #advertising to ensure consumers are aware of the commercial nature of the content. For the gambling sector, this transparency is considered a critical baseline, though consumer groups argue it is insufficient if the promoted activity itself violates the broader advertising ban.
The Impact of the Digital Services Act
The enforcement of the Digital Services Act is expected to provide new tools for consumer protection groups to challenge how platforms handle gambling ads. By mandating transparency in algorithmic recommendation systems, the DSA allows researchers and regulators to audit how gambling content is pushed to specific demographics. If a platform’s systems prioritize engagement from users who have previously searched for gambling terms, that platform could face investigations regarding its compliance with “duty of care” obligations toward vulnerable users.
As the regulatory environment matures, the focus is shifting toward “compliance by design.” This means that platforms are increasingly expected to integrate automated filters that prevent the promotion of restricted products in regions where they are illegal. For consumers, this could mean fewer targeted gambling ads appearing in search results and social media feeds, provided the platforms adhere to the stricter interpretation of their role as active distributors rather than mere conduits.
Next Steps for Regulatory Oversight
The next major checkpoint for this issue will be the ongoing review of platform compliance reports submitted to the European Commission under the DSA. These reports, which detail how platforms manage illegal content and advertising, are expected to provide the data necessary for regulators to determine whether current enforcement measures are sufficient to protect users from predatory gambling marketing.
Consumers who encounter suspicious or illegal gambling advertisements are encouraged to report these instances directly to the AGCOM through their official portal. Staying informed about your rights as a digital user remains the first line of defense against non-compliant marketing practices. We invite our readers to share their experiences or observations regarding online advertising shifts in the comments section below.
Keep reading