Advertisement featuring Midnite AI in a football context has been prohibited by the ASA due to a violation of child safeguarding regulations.
In a significant move, the UK's advertising watchdog, the Advertising Standards Authority (ASA), has banned an AI-generated video ad from gambling operator Midnite. The ad, which featured Liverpool and England footballer Trent Alexander-Arnold, was deemed to be in breach of the Committee of Advertising Practice's (CAP) Code on social responsibility and marketing. The change in the CAP's remit, announced earlier this month, now covers all social media marketing by licensed gambling operators targeting UK consumers, regardless of the operators' locations. This move aims to close a loophole that allowed operators registered abroad to share unregulated football content with UK audiences. The video in question, depicting 'Trent Alexander-Arnold's farewell speech to the Liverpool players,' included Midnite branding throughout. Two complainants, including Dr Raffaello Rossi, a senior lecturer in marketing at the University of Bristol, challenged the ad, arguing it used the likeness of a player with clear youth appeal. Midnite, trading as Dribble Media Ltd, admitted that Alexander-Arnold was 'high risk' in terms of under-18 appeal but argued the content was editorial rather than promotional. However, the ASA disagreed with these arguments and found the video to be 'directly connected with the supply of betting services.' Dr Rossi, who has long warned the ASA about the scale of the problem, argues that the ASA is incapable of drawing a clear line between content marketing and advertising. He believes the ASA's ruling on the Midnite ad is inconsistent and has criticized the authority's handling of gambling content on social media, stating that they have ignored thousands of ads strongly appealing to children for years. The ASA ruled that the ad must not appear again in the form complained of. Midnite removed the post after the complaints and paused similar campaigns. Stakeholders have three months to provide feedback on the rule change before the CAP conducts a formal review in December. Since October 2022, gambling ads must not include figures of strong appeal to under-18s, according to the ASA. Trent Alexander-Arnold, a former Premier League and current England player, is well known among children and teenagers, making the ad's youth appeal a concern for the watchdog. Rossi also argues that disclaimers added to the Midnite ad were only seen by a small fraction of its total viewers. This raises questions about the effectiveness of such measures in ensuring compliance with advertising standards in the digital age. The ASA's decision on the Midnite ad is a step towards stricter regulation of gambling advertising on social media, particularly when it comes to content that may appeal to underage audiences. The authority's commitment to addressing this issue is crucial in protecting children from exposure to gambling-related content.
