The AI scrape: Has Google's quest for innovation silenced safer gambling voices?

This is not just a fight over money; it is a battle for the sustainability of the publishing ecosystem, which in the iGaming world includes crucial voices providing safer gambling advice.

The probe, announced in Brussels, focuses on whether Google is abusing its dominant position by using publishers’ and content creators’ material to fuel its generative AI services, such as 'AI Overviews' and 'AI Mode', without fair compensation or the option to refuse.

Who is involved, and what are the charges?

The formal investigation is being spearheaded by the European Commission, led by Executive Vice-President Teresa Ribera. The company under scrutiny is, of course, Google (Alphabet Inc.).

The essence of the charges is anti-competitive behaviour under EU competition rules (Article 102 TFEU). The investigation will examine two main areas:

• Web publisher content: Whether Google's AI Overviews, the generated summaries appearing at the top of search results, are built on web content without appropriate compensation or the ability for publishers to opt out without losing essential search visibility.

• YouTube content: Whether Google is using content uploaded to its YouTube platform to train its generative AI models without compensating creators, while simultaneously barring rival AI developers from accessing the same data, thereby reinforcing its own market dominance.

Why the EU is taking a stand

The investigation highlights a fundamental tension: publishers, including online gambling affiliates, rely on Google Search for traffic, meaning they have little commercial leverage to refuse Google's terms regarding their content.

In the words of Teresa Ribera, the EU’s competition chief:

"A free and democratic society depends on diverse media... AI is bringing remarkable innovation... but this progress cannot come at the expense of the principles at the heart of our societies."

This concern is amplified by Google's alleged self-preferencing.

YouTube content creators are obliged to grant Google permission to use their data for AI training, yet YouTube policies prevent rival AI developers from accessing that same content. This two-tier system potentially stifles innovation from Google’s competitors.

The iGaming impact: safer advice under threat

For the iGaming industry, this investigation carries unique significance.

Affiliates, who generate revenue by directing users to licensed operators, have been among the publishers "bruised by traffic declines" resulting from AI Overviews. These AI summaries satisfy a user's query instantly, leading to fewer ‘clicks’ to the original source.

The most critical concern is the effect on safer gambling advice and responsible gaming content. Many reputable affiliates are vital sources of nuanced, expert-vetted tips and self-exclusion tools. If AI Overviews erodes its traffic base, the financial viability of producing this critical, public-interest content is threatened.

As Europe works to enhance player protection, evidenced by recent initiatives, the content sources promoting this safety must remain robust.

What is the punishment, and when will we know the outcome?

If the practices under investigation are proven to be an abuse of Google’s dominant position, the penalties could be severe. Google risks a fine of up to 10% of its global annual revenue. Having faced multi-billion-euro fines from the EU in the past, this is a very real threat.

However, there is no legal deadline for the investigation. Its duration will depend on the complexity of the case and the level of cooperation from the company. It may be years before a final verdict is reached, leaving publishers in a state of prolonged commercial uncertainty.

Google’s pushback

Google has pushed back, arguing the probe:

"risks stifling innovation in a market that is more competitive than ever."

Regardless of the outcome, the fact remains: the EU is setting the standard for how the world's most powerful companies must interact with the content that fuels the AI revolution.