Ad description
Two TV ads, two VOD ads and a radio ad for Midnite, a betting app, which appeared in April and May 2026:
a. The first TV ad depicted a man encountering various inconveniences. He was first shown attempting to use a supermarket scanner, with a robotic voice-over stating, “Scanner didn’t work”. He was then shown in a hotel room where the lighting did not operate as intended, with the voice-over stating, “Hotel didn’t work”, then using a vending machine where a snack became stuck, with the voice-over stating, “Snack didn’t work”. Finally, he was shown using his phone with the text “Grandad’s bookie” on it, with a continuing loading icon on it, with the voice-over stating, “Grandad’s bookie didn’t work”. Throughout those scenes, veins in the man’s head were shown visibly pulsating. Text then appeared on screen and was sung, stating, “We can’t fix the rest, but our betting app is actually pretty good”. The ad ended with text on screen that said “Midnite, built different”, which was also sung. The top left corner of the screen included the text “18+” and the top right corner included the text “Gamble Aware”.
b. The first VOD ad included the same content as ad (a).
c. The second TV ad depicted a woman also encountering various inconveniences. She was first shown attempting to use a key card to enter a building, with a voice-over stating, “Key card didn’t work”. She was then shown trying to use a tap in an office building, with the voice-over stating, “Fancy tap didn’t work”, then trying to use a fob for gym lockers, with the voice-over stating, “Gym fob didn’t work”. Finally, she was shown using a casino app, which also did not work, with the voice-over stating, “Casino app didn’t work”. During those scenes, veins in the woman’s head were also shown visibly pulsating. The ad ended with the same on-screen text and singing as ad (a).
d. The second VOD ad included the same content as ad (c).
e. The radio ad included a voice-over referring to various technological issues, stating, “Smart TV didn’t work”, “QR Code login didn’t work”, “Re-enter login didn’t work” and “Voice activated remote didn’t work”. A song then stated, “We can’t fix the rest but our casino app is actually pretty good”. The ad ended with the claim “Wager £20, get 100 free spins with Midnite on eligible games”, followed by the jingle “Midnite, built different”. It also included the voice-over, “Search Midnite casino or download the Midnite app today. New customers only. Restrictions and T&Cs apply. 18+. Play responsibly. Gamble Aware.”
Issue
The ASA received 125 complaints.
The complainants objected that ads (a), (b), (c), (d) and (e) portrayed and encouraged gambling behaviour that could lead to financial, social or emotional harm and suggested that gambling was an escape from personal problems.
Response
Dribble Media Ltd t/a Midnite said that ads (a), (b), (c) and (d) were based on the familiar experience of everyday technology not working as expected and were intended to contrast those minor frustrations with Midnite’s app, which they said was reliable and functioned well. They said the creative concept focused on app quality, user experience and product functionality, rather than presenting gambling as a response to frustration or as an escape from problems. They considered the frustrations shown were trivial technological inconveniences rather than more serious personal, financial or emotional problems. They said the scenarios were intended to represent separate everyday occasions, demonstrated by the characters wearing different clothes in each of the respective scenes, rather than a cumulative sequence of events occurring in one day.
They said the pulsing vein shown on the characters’ foreheads was intended as a well-established comedic device representing mild frustration rather than serious distress. They also said the line, “We can’t fix the rest”, made clear that Midnite was not presented as a solution to the frustrations depicted. They said the characters shown were calm before attempting to use the gambling apps, meaning there was no link between the earlier frustrations and the decision to gamble. They further said that neither character was shown using the Midnite app, and that the alternative malfunctioning gambling apps shown were included as further examples of faulty technology rather than as depictions of gambling being used as a coping mechanism.
Midnite explained that the ads included prominent “18+” and “Gamble Aware” messaging throughout. They stated they had undertaken an extensive compliance process before the campaign launched and that they had amended the scripts in response to feedback. They considered the final execution addressed concerns identified during that process and they therefore believed the ads complied with the Codes.
Clearcast said both ads (a) and (c) were about everyday frustrations with faulty technology and that the key message was that Midnite’s app was more reliable than some other gambling apps. They said the situations shown, such as a broken supermarket scanner or vending machine, were minor and relatable annoyances rather than serious personal problems. They also said the ads did not show the characters using Midnite to cope with those frustrations, and that the alternative gambling apps shown failing were included as further examples of technology not working. They added that they had received substantiation during the clearance process to support claims about Midnite’s app being fast and reliable.
Clearcast further stated the characters were not shown to be stressed when they first attempted to gamble. They noted that the pulsing veins appeared only at moments of frustration and that wider shots showed the characters were calm before they tried to use the gambling apps. They also said the line, “We can’t fix the rest”, made clear that Midnite was not presented as a solution to the other frustrations. They considered that the ads did not depict, condone or encourage harmful or socially irresponsible gambling, nor suggest that gambling could help with stress or personal problems, and were therefore satisfied to approve both ads.
In relation to ad (e), Radiocentre said the ad simply compared faulty technology with Midnite’s service, conveying the message that, unlike the malfunctioning technologies depicted, Midnite’s service functioned reliably. As a result, they did not consider the ad portrayed socially irresponsible or potentially harmful gambling behaviour or suggested that gambling could provide an escape from personal or professional problems such as depression or loneliness.
Assessment
Upheld
Ads (a), (b), (c), (d) and (e), presented viewers and listeners with a series of frustrating situations in close succession, each involving something that failed to work properly. In ads (a) to (d), that sequence was reinforced by the visible pulsing vein on the characters’ heads, which, although exaggerated and comedic in style, nevertheless signalled mounting frustration. The ASA acknowledged that the frustrations shown were not serious ones and were instead each minor technological inconveniences. However, we considered that the repeated references to things not working created a clear build-up of annoyance and a cumulative sense of stress across the sequence of scenarios depicted.
We noted that, after that, the ads stated, “We can’t fix the rest but our betting app is actually pretty good” or “We can’t fix the rest but our casino app is actually pretty good”. We acknowledged Midnite’s view that they believed the ads focused on the user experience, quality and functionality of their app. However, whether or not the reliability of gambling apps was a known issue, we considered that consumers were likely to understand those claims in context not solely as statements about product quality, but also as implying that turning to the app offered some kind of relief from the frustrations that were the focus of the ads. Further, although the ads stated that Midnite could not “fix” those situations, we considered the juxtaposition between the repeated frustrations and the final reference to the app was likely to convey that using the app was a way to move on from, or forget about, those frustrations in some way. We therefore considered the ads suggested that gambling could alleviate stressful situations or frustration and could therefore function as a coping mechanism.
We concluded that ads (a), (b), (c), (d) and (e) suggested gambling could provide an escape from problems and portrayed and encouraged gambling behaviour that was socially irresponsible and could lead to financial, social or emotional harm.
Ads (a), (c) and (e) breached BCAP Code rule 17.3.1 and 17.3.2 (Gambling).
Ad (b) and (d) breach CAP Code (Edition 12) rules 16.3.1 and 16.3.3 (Gambling).
Action
Ads (a), (b), (c), (d) and (e) must not appear again in the form complained of. We told Dribble Media Ltd t/a Midnite to ensure their ads did not portray or encourage gambling behaviour that could lead to financial, social or emotional harm and should not suggest that gambling was an escape from personal problems.
