ASA Bans Midnite Affiliate TikTok Ad for AI Character Under 25

The Advertising Standards Authority (ASA) has prohibited a TikTok advertisement associated with UK gambling operator Midnite because the AI-generated character featured seemed to be under 25 years old—a direct breach of the CAP Code for gambling advertising. ASA’s decision, announced after review of a 3 July advert, is the latest application of its AI-driven Active Ad Monitoring system, spotlighting how AI content and affiliate activity continue to test regulatory boundaries.

ASA’s Reasoning Behind the TikTok Ban

ASA’s ruling found the TikTok advert, which showed an AI-generated man using a gambling app and promoting Midnite, contravened UK regulations. The ad was flagged by the regulator’s own Active Ad Monitoring system, which uses artificial intelligence to identify content potentially in breach of advertising standards. According to ASA’s report, prompts used in creating the character did not refer to age or statutory age restrictions on gambling advertising. The regulator stated:

“We had therefore seen no evidence that, when generating the character, AI had been prompted to ensure the character appeared to be aged 25 or over.” — ASA

The ASA highlighted the character’s youthful facial features, smooth skin, and a boyish hairstyle, along with clothing and mannerisms that would reasonably give the impression of being under 25. The conclusion: "the ad featured someone who seemed to be under 25 years of age gambling and playing a significant role and therefore breached the [CAP] code."

Responsibility and Affiliate Oversight: The Midnite-Limay Media Case

In its defence, Midnite clarified that the ad was not commissioned by the operator but produced by affiliate Limay Media. Midnite noted that Limay had not been authorised to run paid social media ads and that its contract with Limay ended after the incident. The company says it has since reminded all affiliates of their obligations under the CAP Code.

Limay Media admitted the error, stating that the ad was intended to depict an adult and there was "no intention to portray a child or young person." The company also revealed that its standard sign-off procedure, which includes managerial and client approval, was not followed. Limay described the event as an “isolated human error” with the ad only being live for a few hours before removal. In response, Limay says it will implement additional safeguards, including more specific age prompts for AI-generated imagery and avoiding characteristics that would suggest someone is under 25.

Key Rules: CAP Code’s Age-Related Restrictions

Under UK advertising rules, no one who is—or appears to be—under 25 may feature in gambling advertisements. This includes real individuals and digitally or AI-created characters. The ASA noted that the CAP Code applies regardless of production medium. Prominent points include:

• Gambling ads must not include those under 25 or seen to be under 25 engaging in or promoting gambling.
• Affiliate content is subject to the same regulatory standards as operator-controlled marketing.
• The burden is on advertisers to ensure all creative, including AI-generated, conforms to standards.

The ASA’s use of its AI-based monitoring technology also sets the precedent for tighter scrutiny of digital content, particularly as more operators and affiliates turn to automated content generation.

Previous and Parallel ASA Rulings: Contrast With Other Gambling Ads

Midnite recently avoided enforcement after a June complaint involving influencer Mia Mon on TikTok; the ASA found Mon’s content unlikely to appeal to under-18s. In other decisions this week, White Hat Gaming faced no action over HLTV-served banner ads for Casimba and The Grand Ivy Casino. In this case, ASA judged that:

• Only 1.5% of HLTV’s Instagram audience and 3.6% of its X (Twitter) interactions were from users aged 13 to 17.
• There was no evidence that under-18s made up more than 25% of the HLTV audience—the threshold for stricter enforcement.
• White Hat Gaming and HLTV argued the esports-focused platform is aimed primarily at adults interested in Counter-Strike 2; no direct user complaints were received about the ads.

Meanwhile, the ASA ruled last week that a search engine optimisation mishap, which surfaced an affiliate gambling ad to someone seeking gambling support, breached regulatory standards.

Implications for Operators, Affiliates, and AI-Generated Advertising

The case underscores the compliance risks AI-generated marketing presents for operators and affiliates alike. Affiliate-produced content—particularly where approval workflows are not rigorously followed—remains a key regulatory concern. AI-driven monitoring by ASA is now firmly part of UK compliance scrutiny, and expectations around age verification are clear: explicit attention to age in content creation, both in prompting AI and human review, is now an operational necessity.

Operators and affiliates are facing increased pressure to monitor not just the substance but also the process of ad creation, with failure to meet age-verification thresholds likely to draw swift regulatory attention. While AI tools are now standard in advertiser and affiliate workflows, the technology’s integration does not reduce the burden of compliance.

For more on age verification obligations and digital compliance, see regulatory developments and updates for affiliates in the b2b sector.