With Judgment No. 172 of 20 October 2026, the Italian Constitutional Court declared Article 9(2) of Decree-Law No. 87/2018 (the so-called Dignity Decree) partially unconstitutional, insofar as it governs the penalties imposed for breaches of the ban on advertising gambling and betting activities involving cash winnings.
The case arose from an appeal against a €157,000 fine imposed by AGCOM (the Italian Communications Authority) on an individual for publishing promotional videos relating to online gambling and betting on YouTube and Twitch, despite having generated extremely limited advertising revenues.
The challenged legislation provided for an administrative fine equal to 20% of the value of the advertising or sponsorship, subject to a mandatory minimum of €50,000 for each infringement, regardless of the seriousness of the conduct or the offender’s financial circumstances.
The Court found this automatic sanctioning mechanism to be contrary to the constitutional principles of reasonableness and proportionality, enshrined in Articles 3 and 42 of the Italian Constitution, emphasising that applying the same minimum penalty to substantially different forms of conduct may lead to manifestly disproportionate consequences.
The judgment therefore allows for the imposition of fines below €50,000 in cases of manifest disproportionality, taking into account the criteria established under Article 11 of Law No. 689/1981: the seriousness of the infringement, the measures taken to eliminate or mitigate its consequences, the offender’s personal circumstances and conduct, and their financial situation.
The general prohibition on advertising gambling and betting activities involving cash winnings, including indirect advertising, remains fully in force. This prohibition continues to cover sponsorships and other forms of promotional communication disseminated through any medium, including digital platforms and social media.
The ruling represents a significant intervention in the sanctioning framework established by the Dignity Decree, recognising that the protection of public health and the prevention of gambling addiction, while constituting constitutionally relevant public interests, must be pursued through measures that comply with the principles of proportionality and individualisation of penalties.
For gambling operators and parties involved in gambling-related commercial communications, the decision is particularly relevant to administrative sanctioning proceedings, as it allows for a more tailored assessment of the specific circumstances of each infringement, without altering the scope of the advertising ban itself.
(Source: Agimeg)