The UK’s Advertising Standards Authority (ASA) has issued a formal reprimand to gambling operator Midnite following a complaint regarding a social media post that featured Tottenham Hotspur star Son Heung-min.
The regulatory intervention concerns a post published on the platform X (formerly Twitter) on May 23, shortly after a significant match involving the football club. The content in question displayed an image of Son holding a trophy, accompanied by a caption that humorously referenced a winning accumulator bet.
The core of the issue lay in the regulations preventing gambling advertisements from having a “strong appeal” to individuals under the age of 18. Midnite acknowledged that Son Heung-min is a high-risk personality in this regard, given his global popularity and younger fanbase.
However, the operator defended the post by arguing that it was editorial in nature—essentially a meme intended for entertainment, rather than a commercial marketing communication. They further asserted that the content was not designed to drive traffic to their platform or explicitly encourage engagement with gambling products.
Despite Midnite’s defense, the ASA rejected the claim that the post was purely editorial. The watchdog noted that the caption made a direct reference to an “8 fold acca bet” and the concept of winning money, which inextricably linked the content to the supply of betting services. Consequently, the ASA deemed the post an advertisement that fell within the scope of the CAP Code.
In its ruling, the ASA emphasized that the inclusion of a popular footballer like Son made the content likely to appeal strongly to children. The authority also highlighted that a significant number of minors utilize social media platforms with false birth dates, meaning age-gating measures on X are not sufficient to prevent exposure to such content.
The complaint, which originated from a researcher at the University of Bristol, has led to a directive ordering Midnite to ensure the advertisement does not appear again in that form. This ruling serves as a reminder to operators regarding the strict boundaries between social media engagement and compliant advertising.
ASA Ruling:
“We considered the purpose of the post was to promote the brand through creating a viral video and 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.”
