ASA bans Midnite TikTok ad featuring AI character who looked under 25
The Advertising Standards Authority said on 16 September 2026 that a paid TikTok ad for gambling brand Midnite breached the CAP Code by featuring an AI-generated character who appeared to be under 25.
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The Advertising Standards Authority (ASA) said on 16 September 2026 that it had upheld a complaint against Dribble Media Ltd, trading as Midnite, over a paid-for TikTok ad seen on 3 July 2026.
The ASA said the ad showed a man using a gambling app on his phone, saying, “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 ad had been identified through the ASA’s Active Ad Monitoring system, which uses AI to search for online ads that might break the rules.
The ASA said it had challenged whether the ad breached gambling advertising rules because it featured someone who seemed to be, or who was, under 25 years old.
According to the ASA, Dribble Media Ltd said it had not sanctioned the ad and that the branding was not its own, despite the use of the word “Midnite”. The company said the ad had been created by an affiliate, Limay Media, which it had not contracted to publish paid social media posts, and said it had since ended its contract with Limay Media.
The ASA said Limay Media stated the ad had been created using AI and that the individual shown was a fictional, AI-generated character rather than a real person, intended to depict an adult. Limay Media said its usual approval process had not been followed in this case due to human error, and that the ad had been paused within a few hours of going live. It said it had since introduced additional safeguards for AI-generated characters in gambling ads.
The ASA said it found the character had youthful facial features, smooth skin and a boyish hairstyle, and that nothing in his appearance or behaviour indicated he was older than 25. It concluded the ad breached CAP Code rules 16.3 and 16.3.14 on gambling advertising.
The ASA said the ad must not appear again in its current form and told both Dribble Media Ltd and Limay Media Ltd to ensure future gambling ads do not feature anyone who is, or appears to be, under 25 years of age gambling or playing a significant role.