The Advertising Standards Authority (ASA) has upheld complaints against Midnite over a social media post featuring former Premier League star Trent Alexander-Arnold which was ruled as appealing to under-18s.
The AI-generated post was published on X by Midnite, depicting Real Madrid and former Liverpool star Trent Alexander-Arnold.
Posted on Midnite’s X page on 25 May 2025, the video showed Alexander-Arnold giving a speech following his announced move from Liverpool to Real Madrid.
Text on the video read “Midnite. *ai-generated parody*”, along with the caption: “Trent Alexander-Arnold’s farewell speech to the Liverpool players”.
Midnite replied to its own X post, stating “AI-generated parody […] All voices / likenesses are fictional […] Not endorsed or real players/managers […] Safer gambling: 18+ […] BeGambleAware”.
The complainants queried whether the post included “a person or character who was likely to be of strong appeal to under-18s” and was therefore in breach of the CAP Code for advertising.
ASA stated that one of the complainants was a researcher from the University of Bristol.
While acknowledging that the use of Alexander-Arnold’s likeness carried a “high risk” of appealing to children, Midnite claimed the video was “editorial in nature”, and therefore not considered a marketing communication.
The operator attested the post did not contain any odds, inducements, calls to action, product references or links to the Midnite website, with the intention of creating a light-hearted piece of content.
Midnite said the post wasn’t “designed to drive traffic to their platform or encourage engagement with any gambling-related product, service or promotion”.
Although the post also included a Midnite watermark which was visible throughout, the challenger brand claimed this did not make the post an advert, as it appeared by default due to it being an organic post from Midnite’s verified account.
The operator also argued that the inclusion of age disclaimers and “social responsibility” messaging showed the post was not an ad.
Midnite informed ASA it had removed the video and paused the publishing of any similar posts.
Nevertheless, ASA decided to uphold the complaints made against it.
The watchdog explained that because the post appeared in a “non-paid-for space online under Midnite’s control”, it was directly linked to the supply of betting services as Midnite offers bets on football matches.
Furthermore, as the post contained Midnite’s logo, it was considered to be promoting the brand by creating a viral video, and the GambleAware messaging constituted a direct reference to gambling.
These elements indicated that the post was directly connected to the supply of betting services and subsequently fell under the remit of the CAP Code, according to ASA.
Due to X’s reliance on users self-verifying their age, the regulator said Midnite was unable to stop people under 18 from viewing the post, as children could easily falsify their age to gain access to the social media platform.
ASA also cited research from Ofcom regarding the number of children using social media platforms, referencing a 2023 report that claimed 1.4 million 15-17-year-olds had access to X in May of the same year.
An ASA statement read: “Given that evidence, we considered it was likely that there was at least a significant number of children who had not used their real date of birth when signing up to X and were able to see and access content intended for those aged 18 or older, meaning they could view content from verified gambling accounts, both from ‘following’ that account or through the X FYP (For You Page) functionality.
“We recognised that was an issue across social media platforms generally, and not just in relation to X.”
ASA added that Alexander-Arnold’s high profile meant he was likely to be known and of appeal to under-18s.
The statement continued: “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.
“For those reasons, we concluded the ad was irresponsible and breached the [CAP] Code. The ad must not appear again in the form complained of. We told Midnite not to include a person or character who had strong appeal to those under 18 years of age.”
Midnite declined to comment further on the ruling when approached by EGR.
The post ASA upholds complaints against Midnite over Trent Alexander-Arnold AI parody first appeared on EGR Intel.
Advertising watchdog rules the operator’s AI-generated social media post depicting the former Liverpool star was “likely to be of strong appeal to under-18s”
The post ASA upholds complaints against Midnite over Trent Alexander-Arnold AI parody first appeared on EGR Intel.