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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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But as mentioned earlier, this is not the first time Grant has been caught in a similar legal tangle with Star Casino, which accused the man of using a strategy known as “edge sorting,” which is essentially discovering an imperfection in the make of the cards used in a table game.
By leaning into that imperfection, players may then exploit the knowledge and tip the house edge in their favor. Most casinos and courts around the world consider this to be cheating.
However, the judgment in that specific case against Star Casino ruled that Grant was a self-professed advantage player, and that a casino where the staff was competent and the games were operated correctly had nothing to worry about.
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“Oftentimes when you see governments increasing taxes, banning iGaming, it’s mainly because of illegal operators because they don’t comply,” he declares. “An illegal operator may not provide age verification, responsible gambling tools, secure treatment of player funds, or an effective complaints mechanism.
“So illegal operators undermine licensed businesses that invest in compliance, contribute to taxes and operate under regulatory oversight. We are where we are because of illegal operators. Oftentimes, licensed operators have licence conditions that they need to abide with.”
Kesitilwe highlights a recent study by Gaming Compliance International that estimated around 77% of Africa’s gambling market is offshore.