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Despite these measures, the ASA found that the character’s age was not credibly verified. The prompts used to generate the AI image did not explicitly require the character to appear aged 25 or over. Without an independent verification process, the regulator determined the character still “seemed to be under 25”.

The ASA’s ruling directed both Dribble Media and Limay Media to ensure the offending advertisement would not be redisplayed in the same form.

This is Midnite’s third ASA ruling this year. Last month, the operator came under scrutiny for an ad that suggested that “gambling was an escape from personal problems”. The ASA received 125 complaints on the offending ad and the company was ordered to remove the advertisement. 

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Black Cube, an intelligence firm hired by Playtech in 2020 to look into alleged illegal behaviour at its rival Evolution, released a divisive report into Evolution’s actions. Evolution denied and refuted much of its findings.

Evolution then commissioned Spectrum Gaming Group to produce a report on its actions and the validity of the Black Cube report. Produced in 2022, the report has long been subject to confidentiality despite Evolution claiming the report exonerated the company.

Playtech on Wednesday published a statement highlighting what it claimed were compliance failures at Evolution, written into the Spectrum report.

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As has been flagged in previous reports, Regulus highlighted that the top 1% of active customers accounts for almost 50% of black market revenue across Europe. This follows a similar trend across licensed gambling as the report highlights “online gambling is a consumer discretionary expenditure item. This means a large proportion of expenditure is concentrated into a relatively small number of players.”

In its market-specific breakdown, the report noted a “rapid reduction in channelling” in the UK, following the increased use of affordability checks.

The remote gaming duty hike from 21% to 40% in April is also expected to have a significant impact on the black market, with Regulus estimating it could drive the market to be worth up to €1 billion, as consumers choose illegal offerings to access unrestricted bonuses.