UK challenger brand Midnite has been ordered to remove an AI generated video depicting Real Madrid star Trent Alexander-Arnold posted on X.
This ruling against Dribble Media Ltd, which trades as Midnite, came from the Advertising Standards Authority (ASA). The body deemed that due to Alexander-Arnold’s status, the post, published on 25 May 2025 but since removed, was likely to be of strong appeal to under-18’s, breaching the CAP Code that all UK Gambling Commission licensees must follow.
The advert in question was captioned “Trent Alexander-Arnold’s farewell speech to the Liverpool players”, and depicted the now Real Madrid player making a speech. Midnite then replied to its own post stating, “AI-generated parody […] All voices / likenesses are fictional […] Not endorsed or real players/managers […] Safer gambling: 18+ […] BeGambleAware”.
Complainants argued that featuring Alexander-Arnold was likely to be of strong appeal to under-18’s and therefore breached the CAP code.
Midnite contests
In response, Midnite acknowledged that using Alexander-Arnold was of ‘high risk’ in being of strong appeal to under-18s.
However, it also argued that the post was editorial and not a direct marketing communication, given that it did not contain any promotional features such as odds, inducements or a direct link to Midnite’s platform.
It also argued that including an age disclaimer and social responsibility message was a voluntary precaution and consistent with the industry’s broader practices.
Midnite stated that the post was not designed to drive traffic to their platform and encourage engagement with any gambling-related products or services. It also believes that consumers who engaged with the post understood that it was intended to be a “light-hearted, editorial-style post”.
ASA upholds complaints
Despite Midnite’s protestations, the ASA ruled that the post constituted advertising and, therefore, fell under the scope of the CAP code.
The ruling stated: “We considered the purpose of the post was to promote the brand through creating a viral video and, in light of the prominent Midnight branding and Gambling Aware message, that it had featured a direct reference to gambling.
“It was therefore directly connected with the supply of betting services and was an ad falling within the scope of the CAP Code.”
The ASA also noted that although X has protections in place to prevent under-18’s viewing content from gambling companies, it also relies on users self-verifying their age upon sign-up.
It cited research from Ofcom that found 32% of eight to 17-year-olds with at least one social media account had a registered user age of 18 or above.
As a result, the ASA considered it likely that a significant number of children who had not used their real date of birth when signing up to X could see and be promoted to content from verified gambling accounts.
Alongside this, the ASA cited CAP guidance that states footballers playing at an elite level, such as Alexander-Arnold, are likely to appeal strongly to children and young persons.
Therefore, the ASA ruled that the post breached CAP Code ruled 16.1,16.3 and 16.3.12.
The ad must also not appear again in the form complained of, and Midnite has been informed to not include a person or character who has strong appeal to those under 18 in future social media content.
Continued ASA action
Midnite is not the first operator to fall foul of the ASA in 2025.
In March, PokerStars was ordered to drop an Instagram campaign featuring the football influencers Rory Jennings and Adam McKola for displaying irresponsible and potentially harmful gambling messaging to consumers.
In June, the ASA upheld two complaints against Ladbrokes for an advertisement it deemed to be of possibly strong appeal to those under the age of 18.
The ad in question featured ‘Ladbucks’, the operator’s free-to-play games currency, which the ASA deemed could be of appeal to minors due their similarities to the game currencies of ‘V-bucks’ from Fortnite and ‘Robux’ from Roblox.
More recently, Play’n Go Malta landed in hot water for three adverts featuring an Easter Bunny, a robot DJ and cartoon princesses.
