ASA Bans Midnite’s AI Football Post for Appealing to Under 18s

The UK’s Advertising Standards Authority (ASA) has reprimanded sports betting and casino operator Midnite for posting what was deemed to be an ad depicting Real Madrid footballer Trent Alexander-Arnold, on the grounds it could appeal to under 18s.

What provoked complaints?

On May 25, Midnite posted an AI-generated video on its X social media page, parodying Alexander-Arnold’s transfer to Real Madrid from Liverpool. The video showed the defender making a fictional farewell speech to Liverpool fans. Two complainants challenged the post, inquiring whether it included a person or character who was likely to be of strong appeal to under 18s, and therefore breached the UK advertising code (CAP).

Midnite staked its case

Dribble Media Ltd., trading as Midnite, acknowledged a post involving Alexander-Arnold brings a ‘high risk’ of appealing to under 18s, but argued the post was editorial in nature and not a marketing communication. Midnite said the post did not contain odds, inducement, calls to action, product references or links to the Midnite website, and was not designed to drive traffic to the platform.

Why the ASA ruled against Midnite

There were two main issues the ASA considered before making its ruling. The first was whether the post classed as an advertisement. The ASA considered the purpose of the ad was to promote Midnite, and as a result of the video showing prominent Midnite branding and responsible gambling messaging, the post was connected with the supply of betting services. This made it an ad falling within the scope of the CAP Code.

The second issue was whether the ad was likely to be of strong appeal to children in a medium where those aged under 18 would not be entirely excluded from the audience. In this case, the ad appeared before the implementation of the Online Safety Act in the UK in July, meaning it was more accessible to children.

What changed in July?

The Online Safety Act legally requires social media companies and other online platforms to implement highly-effective age assurance methods to prevent children from accessing harmful content. At the time of the Midnite post however, X relied on users to self-verify their ages on signing up to the platform, and it was possible for under 18s to falsely claim they were over 18.

Since October 2022, the CAP Code has stated marketing communications for gambling products must not be likely to be of strong appeal to children or young persons. Due to Alexander-Arnold’s recognisability as a footballer, particularly to fans of the Premier League and Liverpool, the ASA concluded the post breached the CAP code.

The post has been taken down and cannot be seen again in the form it was complained of.

What this means

It is not uncommon for the ASA to ban advertisements from UK operators. The ASA is self-regulatory, so its powers are limited to a degree, but banned advertisements can cause reputational damage for operators.

In this instance, the ruling could serve as a warning to operators to take caution with their social media posts, even when they do not believe the post should technically class as an ad. Operators may have to think carefully about using content that involves high-profile athletes in any shape or form.