Italy’s Court Allows AGCOM to Reduce Minimum €50,000 Gambling Ad Fines.
Italy’s Constitutional Court has ruled that the Communications Regulatory Authority (AGCOM) can reduce fines for gambling advertising violations. The decision allows penalties below €50,000 when the standard minimum is clearly disproportionate to the offence.
Ruling no. 172 was filed on 20 October 2026. It followed a case involving €157,000 in fines imposed on an individual who earned about €1,000 from promotional videos.
The judgment appeared in the Official Gazette on 21 October 2026. It does not overturn Italy’s gambling advertising ban. Instead, it allows regulators to impose lower fines in exceptional cases.
The €157,000 Gambling Advertising Case
The case began with a referral from the fourth section of the Lazio Regional Administrative Court (TAR Lazio). The court issued its referral order on 29 July 2025.
The individual had posted promotional videos for online gaming and betting. These appeared on two YouTube channels and one Twitch channel. According to the ruling, the activity took place outside a business context.
The three channels had 64, 2,010 and 2,504 followers. Their videos received 53, 202 and 112 views, respectively.
The creator earned about €1,000 through Twitch. The YouTube channels generated no income. Despite these limited earnings, AGCOM imposed a total of €157,000 in fines.
The penalties included €55,000 for one channel and €51,000 for each of the other two. AGCOM cited a commercial partnership in the first case.
TAR Lazio noted that the individual was a 28-year-old warehouse assistant. He earned approximately €1,300 per month. The total fine exceeded 150 times the profit from his promotional activity.
These circumstances raised questions about the proportionality of the penalties.
Why Italy’s Court Challenged the €50,000 Minimum
Article 9, paragraph 2, of Decree-Law 87/2018 establishes penalties for prohibited gambling advertising. The provision was later converted into Law 96/2018.
Under the law, fines equal 20% of the value of the sponsorship or advertising. However, each violation carries a minimum penalty of €50,000.
The Constitutional Court found that this mandatory minimum could breach Articles 3 and 42 of the Italian Constitution. These provisions concern reasonableness and property rights. The problem arises when minor violations trigger disproportionately large fines.
However, the judges rejected the idea of removing the minimum entirely. They warned that a penalty based only on 20% of advertising value could be negligible in some cases. This could weaken the deterrent effect of the advertising ban.
Instead, the Court introduced an exception to the existing rule. The €50,000 minimum remains the standard penalty. However, AGCOM can impose a lower fine when the minimum is manifestly disproportionate.
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The ruling also identifies factors that regulators must consider. These are set out in Article 11 of Law 689/1981.
The factors include:
- The seriousness of the violation.
- Efforts to eliminate or reduce its consequences.
- The offender’s personal circumstances.
- The offender’s financial situation.
AGCOM already uses these criteria when increasing fines above the minimum. The ruling now allows the authority to use them when considering lower penalties.
The decision was delivered under the presidency of Giovanni Amoroso. Antonella Sciarrone Alibrandi served as the reporting judge.
What the Ruling Means for Gambling Advertising Enforcement
Law firm Lemodi Legal said the judgment does not challenge the gambling advertising ban under Article 9. Instead, it addresses the disproportionate effects of applying the minimum fine in every case.
This is particularly relevant when promotional activities generate little income. Smaller content creators may face penalties far exceeding their earnings.
The Constitutional Court also noted that many AGCOM fines start at €50,000 per violation. The authority can multiply this amount based on the number of violations.
Social media promotions often generate limited revenue. As a result, the penalties can exceed the financial value of the activity by a significant margin.
The judgment also referenced fines imposed on Google Ireland and Twitch Interactive Germany. These companies operate the platforms that hosted the individual’s channels.
Google Ireland received a €2.25 million fine. Twitch Interactive Germany received a €900,000 penalty. These cases illustrate how fines can accumulate across multiple violations.
The Court distinguished this decision from ruling no. 104 of 2025. That earlier ruling struck down a separate provision concerning internet-connected gaming devices in public venues.
In the present case, the Court maintained that the activities covered by Article 9 share a common feature: they involve prohibited gambling advertising.
The decision comes amid wider debate over Italy’s gambling advertising restrictions. This includes proposals to reconsider the ban following the World Cup.
Next Steps for AGCOM and the Gambling Industry
The case will return to TAR Lazio. The court must reconsider the €157,000 penalty in light of the Constitutional Court’s decision.
AGCOM can now consider fines below €50,000 in future cases. This applies when the standard minimum would be manifestly disproportionate to the violation.
The ruling also leaves Parliament free to introduce a different penalty framework for gambling advertising violations.
Separately, AGCOM is conducting a public consultation on responsible gaming communications. The consultation falls under decision 85/26/CONS.
For gambling operators, affiliates, influencers and digital platforms, the ruling introduces greater flexibility in enforcement. However, the underlying advertising ban remains in force.
The decision could have particular implications for smaller content creators. Regulators can now consider both the seriousness of an offence and the offender’s financial circumstances when setting penalties.
Source: Constitutional Court of Italy.
