The UK’s Advertising Standards Authority (ASA) ruled against Midnite following a complaint regarding a TikTok advertisement featuring an AI-generated character who appeared to be under 25 years old and involved in gambling.
The TikTok ad, promoting the Gibraltar-based online casino app Midnite, was posted in July and depicted a young man using the app, paired with a voiceover stating, “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.”
Under ASA’s Code for gambling advertising, individuals who are or appear to be under 25 cannot be shown gambling or significantly featured in such ads. The ASA determined that the character’s youthful appearance, casual attire, and energetic demeanor suggested he was in his late teens or early twenties, violating rule 16.3 of the CAP Code (Edition 12).
Midnite’s operator, Dribble Media Ltd, emphasized that it did not authorize the advertisement. They pointed out inconsistencies in branding and stated that it was created and uploaded by an affiliate, Limay Media Ltd, without their approval. Consequently, Midnite announced the termination of its contract with Limay and plans to reinforce compliance measures among its partners.
Limay Media acknowledged the character was a fictional AI creation rather than a real person, asserting that it was designed to appear as an adult. The company took responsibility for failures in its internal approval process, labeling the incident as isolated, and indicated that the ad was removed shortly after it was live.
Limay also stated that it is implementing new safeguards for AI-generated gambling advertisements, including age-related prompts and a review of the perceived age of such AI outputs.
Nevertheless, the ASA found that the character’s age was not adequately verified. The prompts used for the AI image did not explicitly mandate that the character appear to be 25 or older. Without an independent verification process, the ASA concluded the character still appeared to be under 25, leading to a ruling against both Dribble Media and Limay Media to ensure the ad would not run in its current form again.
This marks the third ASA ruling against Midnite in 2023. In July, an ad implying that “gambling was an escape from personal problems” prompted 125 complaints, resulting in the ASA ordering its removal. A separate ruling in June did not sustain complaints made against the company.
In another case, the ASA assessed display ads for White Hat Gaming’s Casimba and The Grand Ivy Casino brands that had appeared on HLTV.org, an e-sports website, in March 2026.
The two advertisements promoted a “100% match bonus up to £100 on 1st deposit” and included the mandatory 18+ logo, appearing alongside live match coverage and betting odds. A complaint was raised regarding the ads’ targeting of under-18 viewers.
White Hat Gaming suspended the ads during the ASA's inquiry and argued that HLTV’s audience mainly consists of adults engaged in professional competitive gaming, rather than casual gamers. HLTV supported this notion, citing its adult-oriented editorial tone.
The ASA evaluated whether the ads were inappropriately aimed at under-18s based on content and placement. Their rules state that advertising through media where over 25% of the audience is likely under 18 is prohibited. While some under-18s were found in HLTV’s social channels, the ASA concluded that the website's content and presentation were clearly targeted towards adults. Hence, the ASA ruled that the ads did not violate CAP Code rules 16.1 or 16.3.13, and no further action was taken.
