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The UK Advertising Standards Authority has ruled against Midnite over a paid TikTok gambling ad featuring an AI generated character who appeared younger than 25.
The September 16 decision shows that gambling age rules apply to fictional AI characters in the same way as real people. The ASA found that the character played a central gambling role and appeared to be in his late teens or early twenties.
Good to Know
- The ASA found the Midnite ad through an AI powered monitoring system.
- Gambling ads cannot show anyone who is, or appears to be, under 25 gambling.
- Midnite said affiliate Limay Media created the ad without approval.
AI Does Not Bypass The Under 25 Rule
The TikTok clip, seen on July 3, showed a young looking man using a gambling app while promoting a World Cup offer.
“Another massive World Cup upset. Bet £10 on the big match and get £30 in the free bets. Level up your World Cup with Midnite, get on it.”
The ASA focused on smooth skin, youthful facial features, a boyish hairstyle, a grey hoodie and animated behaviour. The regulator said the overall presentation made the character seem younger than 25.
Limay Media confirmed that AI generated the fictional person. However, the prompts did not explicitly require an appearance aged 25 or older. The ASA also saw no independent age verification process.
Under CAP Code rules 16.3 and 16.3.14, that was enough for a breach. The ad cannot appear again in the same form.
Midnite operator Dribble Media Ltd said it did not authorise the campaign and pointed to branding differences. The company terminated its agreement with Limay Media and said it would reinforce advertising compliance requirements with partners. Limay also introduced new AI safeguards, including age instructions in prompts and reviews of perceived age.
The ruling adds to recent ASA activity involving Midnite. An August decision upheld complaints over TV, video on demand and radio ads that presented gambling as a response to personal frustrations. The ASA received 125 complaints in that case. A separate June investigation into a Midnite TikTok affiliate post was not upheld.
White Hat Gaming Wins Separate ASA Case
The ASA reached a different conclusion in a case involving White Hat Gaming ads for Casimba and The Grand Ivy Casino on Counter Strike 2 website HLTV.
The regulator examined whether the placement improperly targeted children. CAP rules prohibit gambling advertising in media where more than 25% of the audience is reasonably expected to be under 18.
White Hat Gaming supplied referral information showing registered users arriving from HLTV were adults, with most aged over 25. The ASA also considered the professional esports coverage, statistics, tournament reporting and overall presentation aimed at adults.
The complaint was therefore not upheld, and the ASA found no breach of CAP Code rules 16.1 or 16.3.13.
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