The Advertising Standards Authority (ASA) has told Midnite that a TikTok video which was created by one of its affiliates and only live for a few hours must not return.
An ASA investigation focused on a breach of the CAP Code which prohibits featuring individuals who appear to be under 25 years of age in gambling promotions.
The character spoke directly to the camera in the ad, 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.”
Limay Media, the marketing agency linked with this Midnite ad, argued the character was AI-generated and not a real person, but the ASA determined that his “casual and youthful presentation” still violated the rules.
Midnite distanced itself from the promotion, claiming that it did not sanction the post and adding that it has since cut ties with the affiliate.
However, it did not stop the ASA from upholding the complaint and ordering that the advertisement be removed, while mandating stricter oversight for AI-generated content in the future.
“The ad must not appear again in the form complained of. We told Dribble Media Ltd t/a Midnite and Limay Media Ltd to ensure that their gambling ads did not feature anyone who was, or seemed to be, under 25 years of age gambling or playing a significant role in the ad,” the advertising regulator said.
Midnite in the ASA’s firing line
It seems that Midnite is directly under the ASA’s spotlight currently, having had a coordinated advertising campaign banned following 125 complaints.
That ban, announced last month, covered two TV ads, two video ads and a radio ad which ran during April and May 2026.
The UK-focused and -headquartered bookmaker had also been reported to the ASA for its marketing campaign with social media influencer Mia Mon, though the regulator deemed that this specific advert was not of strong appeal to under-18s.
Midnite is clearly on a mission to scale its product both in the UK and elsewhere. Its noticeable marketing strategy has become prominent via TV, radio and social media advertising throughout 2026, while it recently hired Dale Tang as its General Manager for Canada, hinting towards the company’s ambitions to expand overseas.
All of these developments have arrived after the firm raised $35m (£26.9m) in a Series C funding round in January, and while exciting propositions may be on the horizon, Midnite should be well aware that it is likely to face increased regulatory scrutiny as it grows.
Its push towards the use of AI in its adverts was made explicitly clear by its Head of Brand Marketing, Andrew Mook, who promoted the company’s TV advert that used AI last winter.
Midnite affirmed that it “would remind their affiliates of the need to comply with contractual requirements and the CAP Code”, of which rules 16.3 and 16.3.14 were breached.
Under those rules, both the primary gambling brand and any affiliate creators who produced the AI advert are directed by the ASA to ensure future compliance.
It is a busy day for the communications team dealing with the iGaming sector at the advertising regulator, which also announced that a complaint regarding a website for Counter-Strike 2 eSports content which featured gambling advertisements was not upheld.
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