ASA bans Midnite-linked ad featuring AI character that appeared under 25

The Advertising Standards Authority (ASA) in the United Kingdom has banned a TikTok ad associated with Midnite after concluding that the character generated by artificial intelligence appeared to be under 25 years old. The ad was detected by the ASA's active monitoring system on July 3rd. According to the resolution, the commercial presented a fictional man using a betting app, seemingly promoting Midnite.

Why the ASA intervened: focus on under 25s

The CAP Code regulations prohibit individuals under 25 years old, or who appear to be that age, from featuring in gambling advertisements or playing relevant roles. The ASA team emphasized that the request used to create the AI character did not include references to its age or restrictions related to gambling advertising. In the words of the ASA:

"We did not see evidence that, in generating the character, a request was made for it to appear to be 25 years or older."

The final decision relied on details such as the character's "youthful facial features, smooth skin, and childish hairstyle," elements that led the authority to conclude that the audience would perceive the individual as someone younger than permitted.

The role of Midnite and Limay Media in the ad's dissemination

Midnite, a British operator, stated that it did not authorize the ad, attributing it to its affiliate Limay Media, which published it without prior approval. Midnite clarified that its contractual relationship with Limay Media ended and that it would reiterate to its affiliate partners the need to comply with the CAP Code. Limay Media, for its part, emphasized that the clip was meant to represent an adult and acknowledged an "isolated human error" for not following its internal control procedure and customer approval before publication. The ad was live for only a few hours before being pulled.

Limay Media assured that it will implement additional steps, such as specifying age-related indications when generating AI images and avoiding styles that may be associated with individuals under 25 years old.

Regulations on AI and gambling advertising

The ASA's active monitoring system employs artificial intelligence to identify potential breaches in online advertisements. The body has stressed that the use of AI technology does not exempt operators and affiliates from adhering to existing regulations. In this case, the focus rested on visual characteristics that could mislead regarding the character's age, and the ruling defined that: "Although the video was generated by AI, the overall impression was that of an individual appearing to be under 25 years old."

Digital advertising and regulatory risks for operators and affiliates

The events illustrate how the supply chain in digital advertising—particularly through affiliates—can lead to regulatory risk situations. Omission in reviews and approvals allowed the infringing ad to be accessible for several hours. Midnite's reaction, cutting the employment relationship and reinforcing communication with affiliates, reflects the pressure on British operators to maintain compliance in light of public regulatory decisions.

The situation also underscores the shared responsibility between affiliates and operators, and the growing relevance of automated breach detection systems in the context of advertising with AI technology.

Parallel cases: Casimba, The Grand Ivy Casino, and HLTV

In the same week, the ASA evaluated claims about banners from Casimba and The Grand Ivy Casino—both managed by White Hat Gaming—published on HLTV, a brand affiliated with esports and owned by Better Collective. While it was inquired whether the ads were correctly targeted and if they directed toward minors, the ASA determined that there was no breach.

According to provided data, only 1.5% of HLTV's Instagram audience and 3.6% of its interactions on X corresponded to users aged 13 to 17. In the ASA's view, there was no indication that individuals under 18 made up more than 25% of the site's audience, a relevant threshold for the evaluation of advertising campaigns in gaming.

Poor SEO practices and recent precedents

The previous week, the ASA ruled that an affiliate ad exposed during a search for gambling support constituted a breach due to poor SEO practices. These cases are reinforcing the perception of intensified oversight on affiliate activities and the central role of technology, including AI systems, in detecting regulatory non-compliance in the online gambling sector.

Conclusions for the B2B iGaming sector

The incidents analyzed highlight the need to strengthen internal controls and approval chains when collaborating with affiliates. The use of AI in advertising and monitoring increases both the risks of unintentional non-compliance and the regulatory tools available. Operators and suppliers must exercise caution, especially with the expanding role of algorithms in both the creation and review of promotional materials.