AI-generated character earns Midnite a rebuke from UK Advertising Standards Authority
The ASA says UK advertising rules apply to AI-generated characters as well as real people.
UK.- The gambling operator Midnite has been rebuked by the UK’s Advertising Standards Authority (ASA) over a TikTok promotion that featured an AI-generated character. The watchdog said the character looked too young to comply with advertising rules under the CAP Code, which prohibits gambling advertisements featuring people who are, or appear to be, under 25 years of age in a significant role.
The advert, which was created by one of Midnite’s affiliate marketing partners and was reportedly online for only a few hours, showed a youthful-looking character speaking directly to viewers. In the video, the character said: “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.”
Limay Media, the agency responsible for the promotion, stressed that the character was AI generated, not a real person. However, the ASA said that doesn’t mean it’s exempt from the rule. It concluded that the figure’s appearance and mannerisms gave the impression of someone under 25, meaning the advert breached CAP gambling advertising rules 16.3 and 16.3.14 despite its artificial origin.
Midnite sought to distance itself from the campaign, stating that it had not authorised the post and had since ended its relationship with the affiliate responsible. Nevertheless, the regulator upheld the complaint and instructed both the operator’s registered company, Dribble Media, and the marketing agency to strengthen oversight of AI-generated advertising content. It emphasised that both gambling operators and their affiliate marketing partners share responsibility for ensuring advertisements comply with the regulations.
Midnite had previously talked up the potential of AI ads. Head of brand marketing Andrew Mook last winter highlighted an AI-generated television campaign last winter, boasting on LinkedIn: “AI haters, please look away now. We just created our own TV advert internally using AI. Four people. Two weeks. One new Midnite ad.”
Seven months and one ASA admonishment later, now it’s the AI haters’ turn to gloat. Midnite has said it would remind affiliates of the need to comply with contractual requirements and the CAP Code.
It’s not the operator’s first run in with the ASA. Last month, the watchdog banned an entire Midnite advertising campaign following 125 complaints that suggested that it presented gambling as a coping mechanism. Last year, the regulator upheld a complaint over an advert featuring Son Heung-Min. The ASA did, however, find in favour of the operator when questions were raised over a has also a campaign featuring social media influencer Mia Mon.
Meanwhile, the ASA has not upheld a complaint about a website for Counter-Strike 2 eSports content that featured gambling advertisements. Two web display ads for gambling sites and a webpage were seen on www.hltv.org in March, one for Casimba (White Hat Gaming) and one for the Grand Ivy Casino. A third ad, on a webpage for a live Counter-Strike 2 match, featured betting odds and a link to Casimba alongside information on the match. The ASA concluded that the ads had not been directed at under-18s through the selection of media or context in which they appeared.
