Italy Delays €388K Twitch Fine as EU Court Reviews Ad Ban
Italy’s Council of State has postponed an appeal over a Twitch-linked gambling case to the second half of 2026, pending a ruling from the Court of Justice of the European Union on the country’s advertising ban. The case concerns a €388,453.92 fine issued by AGCOM against Vincitù over gambling promotion tied to streaming content.
The case stems from Italy’s Dignity Decree, introduced in 2018, which imposes a near-total ban on gambling advertising across media, sponsorships, and online channels. The measure applies to operators, affiliates, and third parties promoting gambling services. Judges are assessing if this restriction is proportionate under EU law, including rules on the freedom to provide services.
AGCOM’s investigation followed findings by the Guardia di Finanza on gambling content published on Twitch by creators. Authorities pointed to links between gambling operator Vincitù, intermediary Top Ads Ltd, and some creators promoting gambling-related content through affiliate arrangements.
The Council of State is not ruling on the merits yet. It is waiting for guidance from the Court of Justice of the European Union on the scope of EU rules in a related case. Under this process, the EU court interprets the law and the national court then applies that interpretation to the case.
This places focus on how responsibility is assigned when gambling content is distributed through third-party channels. If hosting and monetisation are treated as active roles, liability may extend beyond operators to affiliates and content distribution partners.
For operators and affiliates, the impact is clear. Campaigns built around creators may face tighter scrutiny once the EU position is clarified. Agreements involving repeat promotion or structured deals look most exposed under this approach.
TGJ Take
This case is about control over distribution and not just the ad ban. The Council of State is waiting for a clearer EU view on when a hosting service becomes part of the advertising chain. If that threshold shifts, operators will need tighter oversight of affiliate deals and creator placements. Affiliates using streamer traffic should treat this as a warning, especially smaller teams without formal compliance controls.
