Part of our series on ASA rulings relating to children’s appeal in gambling marketing

The ASA assessed a complaint made about a post on Midnite’s X page in May 2025, claiming that the post was likely to be of strong appeal to under-18s. The post featured a video of former Tottenham Hotspur captain Son Heung-Min holding the Europa League trophy, with the following caption: “How bro starts acting after winning £8.10 from a 30p 8 fold acca bet”.

Midnite asserted that the post was editorial in nature, not a marketing communication, and was thus not captured by the CAP Code. The ASA considered that the post was a marketing communication because: i) the non-paid for online space was under Midnite’s control; ii) it was made following a high-profile football game, on which Midnite offers bets; iii) it contained direct references to betting. The ASA considered that the purpose of the post was to create a viral video to promote the brand, and was directly connected with the supply of betting services. Therefore, the post was an ad and within scope of the Code.

The ASA then considered whether the post breached the Code. Consistent with the rulings above, the ASA stated that X’s self-verification of age, although in line with industry standard, was insufficient to ensure that users were not falsely claiming to be 18. Additionally, as previously mentioned, football is an activity that significantly appeals to under-18s, and players who play at an elite level are likely to appeal strongly to children and young people. This was a decisive factor in this case, as well as the fact that Heung-Min was a ‘star’ player.

This article forms part of our series on recent ASA rulings relating to children’s appeal in gambling marketing. Click here to read the next article or skip straight to our key takeaways for gambling operators.

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