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Limay Media acknowledged that the person depicted was an AI-generated fictional character rather than a real individual and claimed the design was intended to appear as an adult. 

The company admitted to lapses in its internal approval process, described the error as isolated and noted the ad was removed within a few hours.

Limay reported implementing new safety measures for AI-generated gambling creatives, including specifying age-related prompts and reviewing the perceived age of AI outputs.

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As the case rumbles through court, a key piece of evidence, meant to support Evolution’s defence was a report carried out by specialist gaming advisors Spectrum Gaming Capital. It analysed Evolution’s operations and was meant to counter the damning Black Cube report.

However, until very recently the report was kept confidential by Evolution, as it contained commercially sensitive material, the supplier said.

But this week the 2022 report was released in full by the court. Playtech, for its part, has celebrated a number of findings in the document, which it says supports and corroborates findings from Black Cube.

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Furthermore, the company sent 839 electronic messages to 165 individuals who had self-excluded, along with a further 2,000 push notifications to 45 customers without including the mandatory BetStop information.

ACMA’s investigation revealed multiple compliance breaches, primarily concerning account management and marketing controls. 

The regulator noted that several inactive accounts remained open long after users requested exclusion.