Midnite, one of the UK’s fastest-growing online gambling platforms, has been made the subject of a complaint filed by researchers at the University of Bristol. 

The London-based firm has been accused of using gambling-related social media content that could be considered appealing to minors.

The news follows a similar case earlier this month, in which the ASA publicly reprimanded LiveScore Bet for advertising gambling ads on its live results platform, accessible to underage users.

Youthful Appeal of Content Marketing Posts

Like other betting platforms, Midnite’s social media strategy relies heavily on content marketing campaigns, which produce promotional material as shareable social media posts. 

However, while not technically illegal, the format of gambling-related content is governed by the UK Code of Non-Broadcast Advertising and Direct & Promotional Marketing (CAP Code). 

As a result, gambling ads that appear to resonate with an underage audience, whether purposefully or unintentionally, are strictly prohibited in the UK.

In Midnite’s case, researchers from Bristol University cited memes and images of high-profile footballers, including Harry Kane, Jack Grealish, and Harry Maguire – all of whom are outlined in ASA guidance to likely appeal to under-18s. 

In one instance, an image of Maguire’s face was superimposed to show him wearing a Brazilian football kit, which has since been viewed more than 2.6 million times.

As part of the complaint, the researchers stated that this content marketing is four times more appealing to children than adults, heightening the risks of minors being exposed to gambling-themed posts.

Other posts highlighted in the complaint included images of stars under 25 years old, such as Jude Bellingham, Erling Haaland, and 20-year-old influencer IShowSpeed, also known for having a large younger following. 

The inference drawn is that Midnite’s marketing directly violates the CAP Code banning the use of under-25s.

Dr Raffaello Rossi, one of the lead researchers behind the complaint to ASA, went on the record to state: “These posts appear as entertaining content, making them harder to recognise as gambling promotions and more likely to be shared widely online, especially by children.”

Problematic Rise in Underage Exposure and Repeat Offending

The issue has received a lot of press coverage, notably since the UK Gambling Commission reported a sharp rise in problem gambling among minors. 

Recent figures suggest that currently, 85,000 young people exhibit characteristics of problem gambling, a figure representing a twofold increase compared to a similar report from 2023.

Midnite’s critics argue that the firm is deliberately leveraging the viral nature of online social media posts without the required safeguards to protect Britain’s underage demographic.

The ASA recently cleared a Fitzdares campaign which featured ex-England cricketer Stuart Broad. Like Midnite’s, the campaign was also accused of targeting underage users, although it was later ruled that the campaign did not breach any ASA rules.

This is the fifth time Midnite’s advertising protocols have been brought to the ASA’s attention.

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The decision was made following a complaint that two LiveScore Bet ads promoting betting odds appeared in a version of its sports score app accessible by users under the age of 18. 

The ASA’s clampdown also mirrors the Dutch Gambling Authority’s similar clampdown on licensed operators failing to protect young gamblers.

LiveScore Bet, part of the LiveScore Group enterprise, operates its own licensed sportsbook in partnership with the broader LiveScore results platform. 

The findings revealed that, although the group uses age-restrictive features that require users to declare their ages, the ASA found that LiveScore Bets content still permeated through to underage users using both Android and iOS devices.

LiveScore Bet Claims Technical Glitches Led to Ads Slipping Through The Net

The first ad, which was only visible to users with Android devices, featured a toggle switch labeled “LiveScore Bet” alongside its live football scores page. 

When activated, the toggle would reveal the site’s interactive odds for an upcoming fixture. By clicking through, users would be connected to the site’s live betting platform.

In response, LiveScore Bet claimed that internal testing on Android was unable to replicate the ad’s appearance in the under-18 platform version. Nevertheless, the ASA independently verified that the ad was, in fact, visible within the restricted format and, therefore, directly breached its advertising guidelines.

The second offending ad affected iOS device users, which displayed a banner titled “Match Odds” with three clickable buttons and betting options featured below the match lineups. 

Despite the advert stating “18+ Bet Responsibly,” it still appeared within a setting specifically designed to shield minors from gambling promotions.

Relating to the iOS matter, LiveScore Bet acknowledged that the iOS ad was the result of a technical fault found in an older version of the app. 

Because of this, they argued, the damage was limited to a small percentage of iOS users and did not direct them to further gambling content.

Regulatory Infringements and Potential Repercussions

Subsequently, the ASA was not swayed by these justifications and chose to reinforce that gambling promotions must not appear in any media setting, which includes underage users. 

The regulator cited breaches of its CAP Code rules 1.3, 16.1, and 16.3.13, which prohibit gambling ads from being accessible or directed at individual users under the age of 18.

LiveScore Bet responded by arguing that its age-gating configurations have been in place since 2020 and are considered one of the most proactive safeguards against incidents like this from occurring. 

The firm also argued that LiveScore Bet does not benefit from these breaches as underage users are legally barred from placing bets.

The ASA chose not to impose a financial penalty against the organization this time. However, it could hinder the firm’s advertising capabilities in the future. 

Additionally, LiveScore Bet risks being reported to gambling regulatory authorities and facing potential disciplinary measures from media outlets and their governing bodies.

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A post on Stuart Broad’s X (formerly Twitter) page portrayed an image of Broad playing cricket for England. It advertised Fitzdares, stating “They’re an independent operator, build genuine personal relationships with their members & play the game the right way.” 

It continued: “They’ve given me a £500 free bet pot every month to raise cash for Motor Neurone Disease. Let me know if you’ve got any tips for the upcoming PL season!? #Ad.” 

The ASA investigated the advert after complaints that the advert included an individual who was likely to be of strong appeal to those under 18, and therefore in breach of regulations. 

Fitzdares Carried Out a Thorough Risk Assessment

In response, Fitzdares insisted they had carried out a thorough risk assessment of Broad against the guidance on gambling advertising, and were “satisfied to a high degree” that he was not of strong appeal to minors. 

The company pointed out that Broad appeared infrequently on talk shows and cricket documentaries, and does not feature in any ongoing podcasts or YouTube shows. In addition, Broad’s other partnerships were in sectors such as finance, insurance, automotive, and the alcohol industry, all of which are not of appeal to children.

Sample social media data for the Ashes-winning cricketer showed that approximately 7,500 followers across all his accounts were registered as under 18 and in the United Kingdom. This was from over 2.1 million combined followers on X and Instagram. Further, Fitzdares pointed out he does not use TikTok or Snapchat, and his Facebook and YouTube accounts have been dormant for a prolonged period. 

ASA Says Fitzdares Did Not Breach CAP Code 

The ASA found the Fitzdares advert did not breach the UK Code of Non-broadcast Advertising, Direct and Promotional Marketing (CAP Code). The Code states that “marketing communications for gambling products must not be likely to be of strong appeal to children or young persons, especially by reflecting or being associated with youth culture.” 

Despite prominent sportspeople involved at the highest level being considered “high risk” of appealing to under-18s by the ASA, sportspeople involved in cricket who no longer have a significant role in the sport were of lower risk. 

Broad’s role in cricket since retirement has been limited to commentating and analysis, which the ASA deemed “less likely to be of appeal to under-18s than current England cricket star players.” 

When considering social media, the authority agreed that Broad’s limited media profile and the low absolute number of children from the UK who followed him were not particularly appealing to under-18s. 

Lastly, the ASA stated: “There was nothing in the way Stuard Broad was presented in the ad that would have strongly attracted the attention of under-18s or was likely to render him of strong appeal.” 

The statement concluded that under CAP Code (Edition 12), rules 16.1, 16.3, and 16.3.12 (Gambling), “the ad was not of strong appeal to people aged under 18” and was therefore not in breach. No further action will be taken. 

Last year, the ASA banned five adverts for social casinos for misleading players and implying they could win real-world money or tangible prizes.

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The GRAI will officially begin overseeing Ireland’s betting industry by mid-2025, following the approval of the Gambling Regulation Bill (GRB) in October.

This legislation establishes the GRAI as the regulatory authority of Irish gambling, with a mandate to oversee gambling advertising, messaging, and engagement with the general public.

In cooperation with ASA Ireland, the GRAI aims to protect the public by ensuring advertising in the gambling sector adheres to strict standards. The partnership will simplify the complaint process, with both organisations working together to evaluate and address issues.

The GRAI will handle complaints related to licensed operators, while the Advertising Standards Authority for Ireland will manage other cases. Consumers will be directed to the appropriate organisation for their concerns.

Orla Twomey, Chief Executive of the ASA Ireland, said: “We are pleased to work with the GRAI, a new body focused on protecting the public from problem gambling. Our role is to ensure advertising is legal, decent, honest, and truthful.

This partnership reinforces our shared commitment to consumer protection. By combining efforts, we aim to provide clear guidance on responsible gambling advertising.”

GRB laws will enforce strict rules on gambling advertisements, including a 9pm watershed to minimise public exposure to gambling content, while also requiring online operators. In addition to their existing proof-of-age controls, to implement tools such as self-exclusion mechanisms, spending limits, and regular player monitoring to detect and address problematic behaviour.

Ireland’s new regulatory regime will rank among the most stringent in Europe, enabling the GRAI to impose fines of up to €20 million or 10% of an operator’s annual turnover for breaches of GRB laws.

Anne-Marie Caulfield, CEO Designate of the GRAI, added: “Once operational, the GRAI will promote transparency and compliance within the gambling industry under the Gambling Regulation Act 2024. This legislation enforces strict advertising rules and raises awareness of problem gambling, introducing measures to address it.

“By collaborating with the Advertising Standards Authority, we will effectively manage public concerns about gambling advertising, ensuring compliance with their code. This partnership demonstrates our commitment to safeguarding the public and upholding the highest standards in marketing communications.”

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Each of the adverts appeared as paid-for TikTok ads for the following five companies: 

• Dataverse Co. Limited t/a Gamehaus
• Huuuge Global Limited t/a Billionaire Casino
• Mobee Co Ltd t/a Ignite Classic Slots
• SpinX Games Ltd
• Zeroo Gravity Games LLC t/a Cash Tornado.

The ASA noted that each company’s advert implied that their games were gambling products where real-world money or tangible prizes could be won and withdrawn and therefore were misleading.

Slot gameplay imagery within the adverts was spotlighted by the ASA, such as a casino slot machine and graphics being visible within Huuuge Global’s Billionaire Casino adverts, a roulette-style wheel and slot machine in SpinX Games’ adverts, as well as gameplay footage similar to that of casino-based slot games in Dataverse Co Gamehaus’ adverts.

Verbiage within the adverts themselves was also highlighted by the authority, such as the terms “hitting the jackpot” and “payout” within Zeroo Gravity Games’ Cash Tornado advert and “super-high odds” and “jackpot” in Mobee’s Ignite Classic Slots advert, as associated with gambling and therefore could be misinterpreted as such by players.

Each of the five listed companies was deemed to have breached rules 3.1 and 3.3 of the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing with their advertisements. CAP Code 3.1 states: “Marketing communications must not materially mislead or be likely to do so”. 

Meanwhile, CAP Code 3.3 reads: “Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.

“Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means”.

In addition, Mobee Co’s “lack of response and apparent disregard for the Code” was deemed a breach of CAP Code 1.7, which states that: “any unreasonable delay in responding to the ASA’s enquiries will normally be considered a breach of the Code”.

The ASA told each of the five companies in question that the adverts must not appear again and that they must ensure that they did not imply consumers could win real-world money or tangible prizes.

The rulings against the five social casinos are part of a wider work by the ASA on paid-for gambling-like ads.

An ASA spokesperson said: “We understood that social casino apps emulate slot machines or other casino-based games, but that people couldn’t win or withdraw any real-world money. But all of these ads failed to make clear that this was the case, giving people a misleading impression.

“These rulings form part of a wider piece of work on paid-for gambling-like ads, identified for investigation following intelligence we’ve gathered. The rules are clear, these ads shouldn’t mislead consumers by creating the impression that they can win real-world prizes if this isn’t the case.”

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A key finding from the report was that under-16s exposure to gambling ads on TV has decreased by two-fifths since 2010 – which was the initial year that advertising was monitored.

In numbers, this means that children’s exposure to TV gambling ads was reduced from an average of 3.0 ads per week in 2010 to 1.8 ads per week in 2023. Children also saw just under one TV ad for gambling on average for every six seen by adults in 2023. 

According to the ASA, England had the lowest exposure levels across the four nations in 2023. The exposure ranged from 1.7 ads per week in Northern Ireland to 2.3 ads per week in Scotland. 

“While the continued decline in children’s exposure to age-restricted TV ads is encouraging, we know that a lot of that is down to changing media habits, which is why we are also continuing to conduct specific project work looking at what ads they are seeing online,” the watchdog added. 

“Projects like Exposure Reports, our proactive monitoring sweeps using world-leading Avatar technology, and the cutting-edge 100 Children Report, help us ensure that our regulation is thorough and effective in providing appropriate protections for children.”

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Seen on October 4, 2023, the advert in question was part of BetMGM’s launch in the UK market, featuring Rock on a golden speed boat with a lion, travelling from the Bellagio Fountains in Las Vegas to the River Thames in London, ushering in a “golden era” for sports betting and online casino.

The ASA noted that three complainants challenged whether the ad included an individual who was likely to be of strong appeal to those under 18 years of age, and therefore breached the code.

In response, BetMGM’s UK operating partner LeoVegas noted that an extensive assessment was carried out to select a campaign ambassador who wouldn’t appeal to anyone under 18, including a full risk assessment of Rock’s suitability.

BetMGM believed that because he was 58 years of age and was not a UK-based personality, he was not likely to be known to under-18s in the UK. In addition, the operator noted that Rock is “a well-known adult-orientated stand-up comedian and actor who, when appearing visually as himself, was associated with adult themes”, to which the ASA agreed.

The operator claimed that Rock, when appearing visually as himself, met the criteria despite his past work with child-focused animated productions such as the Madagascar franchise, as “those characters did not visually depict Mr Rock as himself”.

Also, BetMGM stated that those audiences who were impacted by the franchise’s movie releases predominately between 2005-2008 would now be over 18, while he had a significantly reduced role in the final film aired in 2014.

The operator commented on Rock’s work as a narrator in the 2020 film The Witches, noting that since his character was “not a starring role or aspirational to children, he would not be considered appealing to those under 18”, while also spotlighting that the film was a dark fantasy horror with a UK release on certain paid-for streaming platforms.

The operator highlighted that Rock’s appearance in a 2023 Paw Patrol film lasted for five seconds and 15 words and was “insignificant and therefore the risk of his character having strong appeal to under-18s was extremely low”.

The ASA agreed with BetMGM’s assessment and stated: “Because all of the characters he portrayed in the films that we considered would strongly appeal to children were limited to voice-over roles, and there were no visual or physical similarities between the characters he portrayed and his appearance in the ad, we considered that, within the context of his overall career profile, he would likely not be of strong appeal to under-18s in the UK.”

BetMGM also remarked that Rock appeared in the 2010 and 2013 family-orientated films Grown Ups and Grown Ups 2, stating that since the 12-rating films weren’t heavily marketed despite being available on streaming platforms, they weren’t available to children.

In addition, the operator noted that time had passed since the film’s respective releases, they were predominantly adult-themed with his role as a father not of strong appeal to children, and that his appearance had changed since the film’s releases and his presentation in the ad was not similar to his character in the films, to which the ASA agreed.

BetMGM highlighted that the advert targeted adults with its components such as an orchestra, gambling references, Las Vegas and the background song itself by Public Enemy, and it didn’t reference animated characters Rock has portrayed.

The ASA noted that most of the components from the advert’s presentation wouldn’t have been of strong appeal to children, apart from the speedboat and lion which may have been of interest to children.

Details were also provided on Rock’s social media accounts, where he was active only on a small number of platforms. The operator stated that Rock had 22 million followers globally across social media with 11.7 million across the two platforms where he was active – X and Instagram. Of these accounts, 99.78 per cent of his followers were over 18 in July 2023.

A mathematical approximation based on available data was used to estimate the total number of UK-based followers that were under 18 since it was “only possible to view an age demographic breakdown of a user’s followers as a percentage of the total number of their followers globally”. 

Rock’s total number of followers based in the UK was used and then applied to the percentage of under-18 followers globally to get the estimated number of UK followers under 18 on each active social media platform. 

On Instagram, of his 113,400 UK-based followers, they estimated that 567 would have been under 18. On X, of his 507,6000 UK-based followers, they estimated that 508 would have been under 18. 

These platforms also focused on marketing his adult comedy shows, political matters and adult humour. As a result, BetMGM believed both the demographic data and the content demonstrated Rock was not of strong appeal to under-18s, an assessment which the ASA agreed with.

In determining Rock’s suitability for the ad, the operator also reviewed the actor’s significance in popular culture, including an incident involving Rock and Will Smith at the March 2022 Academy Awards which resulted in the circulation of memes involving the two actors.

BetMGM claimed that since the memes were static images, didn’t include his voice and were “aggressive in nature”, BetMGM stated that they “would not have inherently appealed to children,” in addition to the assertion that the Academy Awards was not known for its appeal to children.

The ASA partially disagreed and noted that the high-profile incident had an impact on Rock’s appeal to children since the memes would have been shared across social media popular with under-18s.

However, since 18 months had passed since the incident by the time the advert aired in October 2023, they determined that “the event and memes did not make him of strong appeal to under-18s in the UK”.

BetMGM also noted that they had contacted the CAP Copy Advice team before publishing a poster that formed part of the same campaign as the ad in question that featured a static image of Rock, who did not raise any concerns. Reasons as to why Rock was the appropriate spokesperson for the brand were also given to Clearcast.

As a result, the ASA “concluded that the ad was not of strong appeal to children or young persons” and that the ad was investigated “under BCAP Code rules 17.4 and 17.4.5 (Gambling), but did not find it in breach”, so no further action will be taken.

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This comes after the ASA received a complaint about one of the operator’s adverts from October and November last year which featured a testimonial by a person who was described as a ‘postgraduate student’ via on-screen text.

The advertising authority noted that the person featured in the advert said the following: 

“The most fun game on Happy Tiger for me has to be the bingo games. Just because of the bingo flash feature, like it’s exciting, obviously, trying to get one line, two lines, three lines, but when the Bingo flash appears, and you see that £2,500 it’s like, yeah I wanna [sic] get that. So yeah, it’s really fun because you’re more involved with it, but it’s not overly complicated or anything like that.”

The complainant challenged whether the ad breached the UK Code of Broadcast Advertising under rule 17.4.6, which states that gambling ads must not “feature anyone who is, or seems to be, under 25 years old gambling or playing a significant role. No-one may behave in an adolescent, juvenile or loutish way”.

In response, Happy Tiger provided proof that the person in the advert was 25 years old at the time of filming.

The ASA added that the operator believes the person “did not have any features which made him appear younger than his actual age, and the on-screen text, which identified him as a “postgraduate student”, was unlikely to suggest to the audience that he was under 25 years old”.

Clearcast, a non-governmental organisation which pre-approves advertising, confirmed that they had verified the individual’s age before approving the ad. 

In addition, Clearcast acknowledged that the “postgraduate student” on-screen text may have caused viewers to believe he was younger than 25 since he was still in education, but since only one complaint was received by the ASA, they believed it was “not a widespread interpretation”.

However, while acknowledging that the individual in Happy Tiger’s advert was 25 at the time of filming, the ASA considered the person to have a “youth appearance”, “appeared self-conscious” and used filler words such as “obviously”, “like” and “so yeah” often.

The advertising authority noted that it believes “viewers would associate his speaking style and body language with youth and immaturity, and along with his youthful appearance, that was likely to give the impression that he was under the age of 25”.

The ASA added that the “postgraduate student” on-screen text meant that viewers were likely to interpret the person as in their “early twenties” since UK students typically begin “a bachelor’s degree between the ages of 17 and 19 and that qualification was usually completed in three or four years”.

Therefore, the ASA deemed that the text “reinforced the impression that he was under the age of 25”, concluding that the ad breached the BCAP code for featuring someone who seemed to be under 25 years old.

The authority has told Happy Tiger that the ad must not be broadcasted again in its current form and that they must not feature “anyone in their ads who was, or seemed to be under 25 years old, for example, through their physical appearance, behaviour or occupational status”.

Earlier this month, Buzz Bingo was warned by the ASA to not include themes and imagery within its adverts that could appeal to those under 18 years old after receiving a complaint about a cartoon Halloween ad.

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The advert was for Betfred’s live casino offering and appeared on the show, PrestonPlayz on streaming service The Roku Channel. 

Key to the ad was a voice-over which said: “Welcome to Betfred Casino. Here you can play a range of slot and table games or take a seat in our live casino.”

The advertising regulator emphasised that the ad ‘must not be used again without further, specific targeting to minimise the likelihood of under-18s being exposed to it’.

In response, Betfred stated that whenever it purchased media, that proactive steps had been taken to ensure that they complied with the Advertising Codes of Practice, and that any third-party agency was also compliant. 

Nonetheless, the operator added that the media in question was sourced through their media agency via a further media agency that focused on addressable TV. 

According to the ASA, Betfred also revealed it had instructed their media agency that the ad should specifically only be broadcast to adults and that any content that was aimed at under 18s should be removed from the media supply.

The addressable TV agency had confirmed that they had received those instructions from Betfred’s media agency, and that they shared them with Roku at the start of the campaign.

Betfred went on to detail that the target audience for the ad was based on third-party survey data. 

In its response, the operator added: “The habits and lifestyles of individuals over the age of 16 were surveyed and mapped out, allowing companies to identify target audiences based on adult behaviours. 

“That data was used to target the ad to men aged between 25 and 44 years who used online sports betting sites at least once a year, spent money on betting, or used a smartphone or tablet to access online sports betting. Once the target audience was built, it was uploaded into a programmatic database that matched the targeting with media options such as the Roku platform.”

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In its seventh incarnation, the framework endures scrutiny by the Industry Group for Responsible Gambling (IGRG), which features the Association of British Bookmakers; BACTA; the Bingo Association; National Casino Forum and the BGC.

At the centre of the updates is deepening of broadcast protections with a key focus on ensuring the marketing exposure to those below the age of 18 and 25. The continued promotion of tools is also key to the code. 

Stakeholders have also been urged to take note of the principal rules governing gambling advertising in the UK are administered by the Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP), which are adjudicated upon by the Advertising Standards Authority (ASA). 

Nonetheless, it is the BGC that oversees complaints and breaches related to the IGRG Code and is responsible for conducting periodic reviews of the Code at least annually. New measures prioritising safer gambling messaging and improved ad targeting adhere to the guidance set by the Gambling Review’s White Paper to improve the industry’s existing commitment to enhance socially responsible advertising and marketing conduct.

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