ASA maintains complaints against Midnite ads

The Advertising Standards Authority (ASA) has decided that five advertisements from Midnite must not be re-aired after receiving a total of 125 complaints. The television ads, two shorts on video on demand (VOD) services, and a radio advertisement were aired between April and May 2026. The complaints argued that the ads "promoted gambling behaviors that could cause financial, social, or emotional harm" and that gambling was presented as an "escape from personal problems." The ads showed the Midnite app functioning while other technologies failed, causing inconveniences in daily life. One example included a man trying to use a scanner at the supermarket, a vending machine, and another casino app, all failing. During these scenes, "veins in the man's head were visibly pulsating," noted the ASA. Text appeared on screen saying: "We can't fix the rest, but our betting app is really good." The second television ad followed a similar pattern, showing a woman with "veins visibly pulsating," according to the regulator. The television ads were replicated on VOD services. The radio ad maintained the same theme and structure.

Midnite’s Response

The sports betting and casino operator, Midnite, stated that the ads were based on "common experiences of everyday technologies not working as expected." Midnite added that the pulsating veins were "a well-established comedic device representing mild frustration rather than serious distress." The operator also insisted that the frustration described in the ads was not directly linked to the decision to bet with Midnite. "None of the characters were shown using the Midnite app," a statement mentioned, "and the failing betting apps were included as further examples of defective technology, not as coping mechanisms." The company added that the use of "fix" was not suggested as a "solution to the frustrations presented." Midnite obtained feedback from Clearcast and Radiocentre, who agreed that the frustration was linked to technological issues and did not promote potentially harmful gambling behaviors. The ads also referenced GambleAware. However, the ASA upheld the complaints and ruled that the ads must not appear in the same form again.

Regulator’s Decision

The ASA recognized that the pulsating veins were associated with technological failures and were "exaggerated and comedic," but pointed out that the "repeated references to things that don't work created a clear accumulation of annoyance." Regarding the term "fix," it suggested that viewers might interpret the message as relief from the frustrations presented. The regulator added: "Although the ads stated that Midnite could not ‘fix’ those situations, we consider that the juxtaposition between the repeated frustrations and the final reference to the app suggests that using the app was a way to overcome or forget those frustrations in some way." Thus, it concluded that the ads suggested that gambling could alleviate stressful situations and function as a coping mechanism.

Implications for Midnite

Midnite signed sponsorship deals with Wolves and Middlesbrough this summer to intensify its marketing efforts. In June, the ASA dismissed another complaint against the operator regarding the use of TikTok star Mia Mon as a brand ambassador. EGR has contacted Midnite for additional comments.