UK sportsbook Midnite has fallen foul of the Advertising Standards Authority (ASA) after posting an AI generated video of Real Madrid star Trent-Alexander Arnold on social media.
The London-based sports betting and online casino operator was ordered to remove the video from X on the basis that it was likely to appeal to football fans under the age of 18, in breach of the CAP Code.
The spoof video, which first appeared on May 25, was titled ‘Trent Alexander-Arnold’s farewell speech to the Liverpool players’ and carried the Midnite logo with a caption ‘ai-generated parody’.
In a reply to its own post, Midnite stated: ‘AI-generated parody, All voices/likenesses are fictional, Not endorsed or real players/managers, Safer gambling: 18+, BeGambleAware.’
Interestingly the two complaints received by the ASA were not for the use of f-bombs during the video or indeed the fact that Alexander-Arnold’s image rights may have been infringed, it was the fact that the video was exposing Midnite’s services to under-18s.
Although the sports betting firm removed its own post from X, the video had been captured and reposted by various individual accounts across X and TikTok and is still visible at the time of writing.
ASA Ruling On Dribble Media Ltd t/a Midnite
Midnite is the trading name of Dribble Media Ltd.
The ASA revealed the details of its ruling on Dribble Media Ltd t/a Midnite on Wednesday (September 17), adding that the firm had been told not to produce any further content that includes a person or character who has a strong appeal to an audience below 18 years of age.
The report stated: “The post was published during the period in which Trent Alexander-Arnold was being transferred from Liverpool to Real Madrid.
“The post featured the advertiser’s logo embedded into the video, which could be seen throughout the whole video.
We considered the purpose of the post was to promote the brand through creating a viral video and, in light of the prominent Midnite 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.”
Dribble Media acknowledged that there was a ‘high risk’ of content featuring Alexander-Arnold being of strong appeal to social media users not yet old enough to engage in legal gambling.
In its defence, the firm said the post was a piece of editorial not a marketing promotion, and that there were no calls to action, odds or other inducements to use its services, or any links to the Midnite platform.
It also stressed that the video should be regarded as topical football humour and was not designed to sell any of its services or push people towards its betting site.
AI Imagery Had ‘Strong Appeal’ To Under-18s
As part of its assessment, the ASA did note that X is meant to restrict use by those aged under-18 but said that the social media channel has no strict age-verification system in place.
It also quoted Ofcom research from 2022 that that revealed 32% of eight to 17-year-olds with at least one social media account had given a false age of 18 or above at sign up.
In conclusion, the ruling stated: “The ad included an AI depiction of Mr Alexander-Arnold, who at the time the ad was published, was a player at Liverpool and would be well known to the fans of that club, and also to those who followed Premier League football more generally, including children.
“We also considered that he would be very well known for being a ‘star’ player, who also played for the England national football team.
“Although the imagery used was AI-generated, we considered it was a depiction of Mr Alexander-Arnold, which consumers would clearly recognise as being him.
“We therefore considered that the imagery, due to the ‘character’ it depicted, was likely to be of strong appeal to under-18s.”
Announcing its decision, the ASA ruled: “The ad must not appear again in the form complained of.
“We told Dribble Media Ltd t/a Midnite not to include a person or character who had strong appeal to those under 18 years of age.”
