On Wednesday, the UK’s Advertising Standards Authority (ASA) made a decisive ruling against Midnite after reviewing a TikTok advertisement that featured an AI-generated character who appeared to be under 25 years old engaged in gambling activities.
The ASA’s scrutiny centered on a July TikTok clip promoting Midnite, which operates as an online casino app based in Gibraltar. In the advertisement, a young-looking man enthusiastically uses the app, while a voiceover states, "Another massive World Cup upset. Bet £10 on the big match and get £30 in free bets. Level up your World Cup with Midnite, get on it."
According to the ASA’s Code concerning gambling advertising, individuals who "were, or seemed to be, under 25 years of age" are prohibited from being depicted gambling or playing prominent roles in such advertisements. Following its analysis, the ASA concluded that the character's youthful appearance, casual clothing, and animated demeanor suggested he was in his late teens or early twenties.
This led to the determination that the ad breached rule 16.3 of the CAP Code (Edition 12). In response, Midnite's operator, Dribble Media Ltd, emphasized that the advertisement was not authorized by their company. They noted inconsistencies in branding and asserted that the ad had been produced and circulated by an affiliate, Limay Media Ltd, without their consent.
Midnite also confirmed that it has terminated its contract with Limay and plans to reinforce compliance reminders to its partners.
Limay Media acknowledged that the character shown in the advertisement was indeed an AI-generated fictional figure, rather than a representation of a real person. They asserted that the design aimed to convey an adult appearance.
The company admitted to shortcomings in their internal approval process and characterized the mistake as isolated, stating that the ad was taken down within a matter of hours. Limay stated it has now implemented new safety measures for AI-generated gambling advertisements, which include specifying age-related prompts and assessing the perceived age of the AI-generated characters.
Nonetheless, the ASA maintained that the age of the character was not reliably confirmed. The prompts used in generating the AI image did not distinctly mandate that the figure should appear to be aged 25 or older. Lacking an independent verification process, the regulator determined that the character still “seemed to be under 25.”
The ASA’s ruling mandated both Dribble Media and Limay Media to ensure that this particular advertisement would not be displayed again in its previous form.
This decision marks the third ruling involving Midnite by the ASA this year. Last month, the operator faced criticism for an advertisement that implied gambling could serve as an escape from personal troubles. The ASA received 125 complaints regarding this advertisement, resulting in an order for its removal. Additionally, a ruling from June was not upheld.
In a separate investigation, the ASA assessed display ads for White Hat Gaming's Casimba and The Grand Ivy Casino brands, which had appeared on HLTV.org, a website devoted to Counter-Strike 2 e-sports, in March 2026.
Two separate banner ads promoted a "100% match bonus up to £100 on 1st deposit" and included the mandatory 18+ logo next to live match coverage with betting odds and sponsorship links, including a connection to Casimba’s website.
A complaint suggested that these ads were improperly targeted at an under-18 audience. During the investigation, White Hat Gaming paused the advertisements and argued that HLTV’s demographic is mostly adult, focusing on professional competitive gaming, which generally appeals to older players.
HLTV supported this claim, asserting that its content is aimed at an adult audience. As the ASA evaluated whether the ads were aimed at individuals under 18 based on their placement or content, they highlighted that their rules prevent advertising in media where over 25% of the audience is likely to be underage.
While the data did not definitively detail the website's age demographics, the ASA observed minor percentages of individuals under 18 in HLTV’s social media channels yet concluded that the site’s content and presentation were unmistakably targeted towards adults.
In the end, the ASA determined that the advertisements did not violate CAP Code rules 16.1 or 16.3.13 and thus took no further action.
