ASA rules that AI-generated character in gambling ad appeared to be under 25

Introduction

The Advertising Standards Authority (“ASA”) ruled that a paid-for ad for Dribble Media Ltd trading as Midnite (“Midnite”) breached the CAP Code (Edition 12) rules on gambling advertising, in particular rules 16.3 and 16.3.14 on the age appearance of characters depicted within an ad. The ruling, published on 16 September 2026, related to an ad which featured an AI-generated character who, in the ASA's view, appeared to be under 25. 

Background

The paid-for ad was seen on 3 July 2026 and promoted a World Cup welcome offer, showing a man using a betting app on his phone with the wording “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 was detected by the ASA’s Active Ad Monitoring system, which utilises AI to proactively search for non-compliant ads. The ASA challenged whether the ad breached the CAP Code rules because it featured someone who is, or seems to be, under 25.

Midnite informed the ASA that it had not approved the ad and that the branding was not its own, but that the ad was made by an affiliate, Limay Media Ltd (“Limay Media”), which it had not engaged to run paid social media advertising. Midnite said it had since terminated its relationship with Limay Media and would issue a reminder to its affiliates of their contractual and CAP Code obligations.

Limay Media said the man featured in the ad was an AI-generated fictional character, created without source material of a real individual, and was intended to depict an adult, although the prompt used to create the ad did not specify an age for the man. It accepted that there was no real person whose age could be verified, and attributed the ad’s publication to an isolated human error, as its manager and client approvals process had not been followed. It stated that it had since introduced safeguards for AI-generated characters, including age-specific prompts and keeping records of the generation and approval process.

Decision

The ASA noted the points made by Limay Media and Midnite but ultimately found that the ad had breached rules 16.3 and 16.3.14. 

Of particular note, the ASA stated that even though the character may have been intended to depict an adult, the prompt used to generate the ad did not refer to the character’s age or to the age restrictions which apply to gambling advertising.

In addition, the ASA noted that the figure’s youthful facial features, casual styling and excited demeanour gave the impression he was in his late teens or early twenties. 

Comment

This ruling highlights that the CAP Code rules on individuals who appear to be under 25 will be applied equally to AI-generated characters, not just real-life people. 

Advertisers using AI-generated content in ads are advised to apply the CAP Code rules when creating prompts and maintain records of the generation process.

The ruling is yet another reminder of the potential risk affiliates can pose to operators and that the operator will be held responsible for affiliates’ advertising practices even where the ads used by affiliates are in clear breach of its terms. The ASA disregarded the fact that Limay Media acknowledged that it had not sought Midnite’s approval for the ad and that the affiliate was acting outside the remit for which it was engaged by Midnite. 

Finally, the ruling suggests that proactive monitoring is increasing. This ad was flagged by the ASA’s own technology rather than by a complaint made by a member of the public. In the ASA’s Snapshot Report published on 23 July 2026, the ASA explained that its AI-assisted age prediction model flags ads showing people who may be under 30, which experts then review to judge whether they seem to be under 25. Advertisers should therefore expect ads to be screened against a more cautious threshold than the Code itself sets.

Co-authored by Saphia Kumar, trainee solicitor