Il divieto di pubblicità del gioco d’azzardo on line e la responsabilità dei Social Network

Marongiu, Daniele

2023-01-01

---

Abstract

This essay examines a decision of the Lazio Regional Administrative Tribunal relating to the matter between the italian Telecommunications Authority and Meta, the company that owns Facebook, in relation to the sanction received by Meta for violation of the Italian legislation prohibiting advertising of online gambling, in particular in social networks. The order in question rejects the suspension requested by Meta, creating the conditions for a judgment confirming the sanction, and in this way it offers important elements for understanding the evolution of the jurisprudential line regarding the liability of social network managing companies. The decision is compared with previous acts of the Administrative Judge, showing how the element of direct knowledge of the contents by the hosting provider appears decisive, even if this gives rise to a plurality of reflections connected to the hypothesis in which the procedure for publishing the contents is entirely automated and carried out by algorithms, and to the possibility that this situation is sufficient to exempt the provider from liability in a scenario in which the space entrusted to artificial intelligence is ever increasing.