The Communications Regulatory Authority, in its session on 20 December, fined the company Meta Platforms Ireland Limited Ltd. 5.850.000,00 euros for violating the ban on gambling advertising pursuant to the article 9 of the legislative decree of 12 July 2018, n. 87 (so-called “Dignity Decree”).
The procedure, initiated following numerous reports received by the Authority and concluded with Resolution no. 331/23/CONS, ascertained the presence of promotional or advertising content, even indirect, relating to games or bets with money winnings, on 18 profiles/accounts (5 on Instagram and 13 on Facebook), as well as 32 "sponsored" content, i.e. disseminated upon payment on the aforementioned social media, aimed at promoting and/or advertising online gaming and betting activities with cash winnings through videos and images.
The Meta company, similarly to what was recently decided against Google Ireland Ltd. (resolution no. 317/23/CONS) and Twitch Interactive Germany GmbH (resolution no. 316/23/CONS), was held responsible, as owner of the means of dissemination, i.e. the video sharing platforms "Facebook" and "Instagram", for the 32 "sponsored" contents; in particular, it emerged that the Company did not limit itself to hosting, with purely technical, passive and automatic methods, the contents uploaded by users, but offered a real advertising service; this circumstance puts the Company itself in a position to know the illegality of the content.
As regards the 18 profiles/accounts (5 on Instagram and 13 on Facebook), the Company was held responsible for only 5 accounts as, following notification of the notice of dispute - which marks the moment in which the company had full awareness of the illicit content spread - it took steps to remove only 11 of the 18 profiles/accounts reported. The decision is consistent with the provisions of article 6, paragraph 1, letter. b) of the Digital Services Regulation (DSA).
The imposition of the sanction is also accompanied by a notice & take down order, as well as a notice & stay down order.
