Frivolous Google copyright claims ‘censor’ Investigate Europe gambling exposé
Georgina Choleva/Spoovio
An investigation into blacklisted online casinos has been the target of bogus infringement claims sent to Google by unnamed actors. European lawmakers are asking for journalistic work to be better protected and for a Europe-wide crackdown on unlicensed gambling.
Anonymous actors are abusing Google's infringement process by submitting bogus copyright claims to silence an investigation into unlicensed casinos. Since Investigate Europe and its partners revealed gambling firm Soft2bet's connections to over 100 blacklisted betting sites in March, Google received a flurry of malicious complaints seeking to erase the articles from its search engine.
In the weeks after the publication, unnamed complainants have impersonated Investigate Europe or uploaded copycats of the original articles dozens of times in order to have the genuine stories about Soft2bet de-indexed from Google results.
Soft2bet did not respond to detailed questions about whether they had any knowledge of the complaints. In response to Investigate Europe’s earlier investigation, the company denied any wrongdoing and said they operated legally in all jurisdictions.
Analysis of complaint records found that more than 50 Takedown Notices have so far been filed using the US Digital Millennium Copyright Act (DMCA), a law designed to protect copyright holders, but one increasingly being misused to muzzle journalists.
"Malicious actors exploit copyright protection systems to censor the press online, and it is truly worrying," Tiemo Wölken, a German MEP who helped shape EU regulation targeting online platforms, said in response to the findings. "It is simply too easy to subtly bury an unwelcome piece of reporting."
As an American company, Google must comply with the DMCA, which gives online content creators the right to request the removal of material they believe infringes on their copyrights.
Since the original investigation was published, 39 cases saw mystery claimants pose as Investigate Europe and pretend that our media partners – or anyone quoting the findings – was infringing on the original article. In other bogus claims, Investigate Europe uncovered that individuals copied critical reports about Soft2bet into the blogging platform Tumblr and backdated them, then filed claims to Google alleging the posts were the original content. Once real articles were de-indexed, they deleted the Tumblr pages.
In the weeks after the publication, unnamed complainants have impersonated Investigate Europe or uploaded copycats of the original articles dozens of times in order to have the genuine stories about Soft2bet de-indexed from Google results.
Soft2bet did not respond to detailed questions about whether they had any knowledge of the complaints. In response to Investigate Europe’s earlier investigation, the company denied any wrongdoing and said they operated legally in all jurisdictions.
Analysis of complaint records found that more than 50 Takedown Notices have so far been filed using the US Digital Millennium Copyright Act (DMCA), a law designed to protect copyright holders, but one increasingly being misused to muzzle journalists.
"Malicious actors exploit copyright protection systems to censor the press online, and it is truly worrying," Tiemo Wölken, a German MEP who helped shape EU regulation targeting online platforms, said in response to the findings. "It is simply too easy to subtly bury an unwelcome piece of reporting."
As an American company, Google must comply with the DMCA, which gives online content creators the right to request the removal of material they believe infringes on their copyrights.
Since the original investigation was published, 39 cases saw mystery claimants pose as Investigate Europe and pretend that our media partners – or anyone quoting the findings – was infringing on the original article. In other bogus claims, Investigate Europe uncovered that individuals copied critical reports about Soft2bet into the blogging platform Tumblr and backdated them, then filed claims to Google alleging the posts were the original content. Once real articles were de-indexed, they deleted the Tumblr pages.
“This kind of abuse isn't rare. It's becoming a go-to tactic against journalism... And the big tech platforms, through inaction and opacity, have become enablers.”
— Aljosa Ajanovic, European Digital Rights Network
As simple as it sounds, the strategy targeting the investigation’s presence on Google was successful. While the version of the investigation published on the Investigate Europe website was never de-indexed, partners including Malta's Amphora Media, Poland's Frontstory, Reporters United in Greece and Delfi in Estonia all saw their work disappear from Google's search results.
In Estonia, six days before Delfi received a takedown notice for its article, marketing content was purchased on the news site to promote Soft2bet, one of numerous online adverts seeming purchased by the company in the wake of the investigation. As a result, anyone searching Delfi's coverage of the company on Google would have found the paid-for feature rather than the critical reporting.
The claims targeting Delfi originated from someone impersonating Investigate Europe: "The infringing news website has blatantly disregarded copyright law by replicating our entire original work." The sender added that Delfi "continues to distribute this content illegally, without our consent, and in complete violation of Google's copyright policies."
The tactics are relatively unsophisticated but highly effective, said Aljosa Ajanovic, a policy advisor at Edri, the European Digital Rights network. "This kind of abuse isn't rare," Ajanovic explained. "It's becoming a go-to tactic against journalism that targets unregulated industries, fraud, or organised crime. And the big tech platforms, through inaction and opacity, have become enablers."
A Google spokesperson told Investigate Europe: "We actively fight fraudulent takedown attempts by using a combination of automated and human review to detect signals of abuse, including identifying tactics that are well-known to us like backdating.” They added that those targeted by bogus claims can “file counter notifications for us to re-review”.
In Estonia, six days before Delfi received a takedown notice for its article, marketing content was purchased on the news site to promote Soft2bet, one of numerous online adverts seeming purchased by the company in the wake of the investigation. As a result, anyone searching Delfi's coverage of the company on Google would have found the paid-for feature rather than the critical reporting.
The claims targeting Delfi originated from someone impersonating Investigate Europe: "The infringing news website has blatantly disregarded copyright law by replicating our entire original work." The sender added that Delfi "continues to distribute this content illegally, without our consent, and in complete violation of Google's copyright policies."
The tactics are relatively unsophisticated but highly effective, said Aljosa Ajanovic, a policy advisor at Edri, the European Digital Rights network. "This kind of abuse isn't rare," Ajanovic explained. "It's becoming a go-to tactic against journalism that targets unregulated industries, fraud, or organised crime. And the big tech platforms, through inaction and opacity, have become enablers."
A Google spokesperson told Investigate Europe: "We actively fight fraudulent takedown attempts by using a combination of automated and human review to detect signals of abuse, including identifying tactics that are well-known to us like backdating.” They added that those targeted by bogus claims can “file counter notifications for us to re-review”.
A false Google copyright claim targeting Investigate Europe's media partner in Spain, InfoLibre.
Some see the over-reliance on AI and automated filters as unsuitable for these serious instances of copyright claims. "These systems are clearly not up to the task. They make mistakes, and freedom of speech and the press suffer as a consequence,” said Wölken, a Social Democrat.
Although the affected media lodged successful counterclaims to re-index their work, more fake complaints were swiftly issued. DMCA notices sent to Google are published by Lumen Database, a third-party aggregator, but the sender is often anonymised in the process. Filing false DMCA claims is illegal and constitutes perjury. Google told Investigate Europe that as a general rule they could only release information about those behind frivolous claims to law enforcement.
Similar tactics have previously been used to censor negative coverage of Soft2bet. In 2021, scores of DMCA claims were filed against news reports mentioning a police raid at Soft2bet's Ukrainian office. Tumblr posts have also been used to attack forums discussing the company.
Investigate Europe uncovered how Soft2bet's owner Uri Poliavich and his associates contributed to create at least 114 online casinos which have been blacklisted in various European states for operating without local licences. Soft2bet's involvement was concealed behind offshore shell companies, some of which have gone bankrupt following player lawsuits in Germany and Austria.
"The big issue with the gambling market is that we do not have a proper EU legal framework for dealing with it. The rise of online gambling has opened the floodgates for abuse of this regulatory fragmentation. Companies like Soft2bet benefit from this fragmentation," said Wölken.
Although the affected media lodged successful counterclaims to re-index their work, more fake complaints were swiftly issued. DMCA notices sent to Google are published by Lumen Database, a third-party aggregator, but the sender is often anonymised in the process. Filing false DMCA claims is illegal and constitutes perjury. Google told Investigate Europe that as a general rule they could only release information about those behind frivolous claims to law enforcement.
Similar tactics have previously been used to censor negative coverage of Soft2bet. In 2021, scores of DMCA claims were filed against news reports mentioning a police raid at Soft2bet's Ukrainian office. Tumblr posts have also been used to attack forums discussing the company.
Investigate Europe uncovered how Soft2bet's owner Uri Poliavich and his associates contributed to create at least 114 online casinos which have been blacklisted in various European states for operating without local licences. Soft2bet's involvement was concealed behind offshore shell companies, some of which have gone bankrupt following player lawsuits in Germany and Austria.
"The big issue with the gambling market is that we do not have a proper EU legal framework for dealing with it. The rise of online gambling has opened the floodgates for abuse of this regulatory fragmentation. Companies like Soft2bet benefit from this fragmentation," said Wölken.
In spite of the revelations, European players continue to flock to the sites. According to Similarweb, a traffic data aggregator, one payment page which only handles incoming traffic from websites linked to Soft2bet, saw its visits increase by 12 per cent from Germany in March, while Poliavich's company holds no licence there. Nine casinos connected to Soft2bet received over five million visits from the UK between January and March, despite being unlicensed in the country.
"Regulators must step up their efforts to combat the gambling black market, targeting operators like Soft2Bet," said UK MP Sir Iain Duncan Smith. The former Conservative Party leader, who chairs a cross-parliamentary group on gambling reform, added: "Regulators must deploy tougher measures and collaborate effectively with international counterparts where relevant to crack down on these unlicensed operators."
Despite such calls, no gambling authority in any European country where reporters found unlicensed sites operating has publicised enforcement action against Soft2bet.
The inaction domestically is compounded by the absence of EU-wide regulation scrutinising the gambling sector. "The European Union's silence is complicit with the big gambling companies that speculate on the fragility of millions of European citizens," said Carolina Morace, a left-wing Italian MEP and former football player. "The Commission underestimates the phenomenon and a European directive is needed to set minimum binding rules for all Member States."
Meanwhile, in the weeks after the investigation, Soft2bet embarked on a PR blitz, flooding the Internet with positive content in outlets such as Reuters and CBS News. The group recently launched its Elabet brand in Greece and has received nominations for more industry awards in Europe. It is also gearing up to enter the US market and struck a sponsorship deal with a Canadian hockey team.
Editor: Chris Matthews
"Regulators must step up their efforts to combat the gambling black market, targeting operators like Soft2Bet," said UK MP Sir Iain Duncan Smith. The former Conservative Party leader, who chairs a cross-parliamentary group on gambling reform, added: "Regulators must deploy tougher measures and collaborate effectively with international counterparts where relevant to crack down on these unlicensed operators."
Despite such calls, no gambling authority in any European country where reporters found unlicensed sites operating has publicised enforcement action against Soft2bet.
The inaction domestically is compounded by the absence of EU-wide regulation scrutinising the gambling sector. "The European Union's silence is complicit with the big gambling companies that speculate on the fragility of millions of European citizens," said Carolina Morace, a left-wing Italian MEP and former football player. "The Commission underestimates the phenomenon and a European directive is needed to set minimum binding rules for all Member States."
Meanwhile, in the weeks after the investigation, Soft2bet embarked on a PR blitz, flooding the Internet with positive content in outlets such as Reuters and CBS News. The group recently launched its Elabet brand in Greece and has received nominations for more industry awards in Europe. It is also gearing up to enter the US market and struck a sponsorship deal with a Canadian hockey team.
Editor: Chris Matthews