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Despite these measures, the ASA found that the character’s age was not credibly verified. The prompts used to generate the AI image did not explicitly require the character to appear aged 25 or over. Without an independent verification process, the regulator determined the character still “seemed to be under 25”.

The ASA’s ruling directed both Dribble Media and Limay Media to ensure the offending advertisement would not be redisplayed in the same form.

This is Midnite’s third ASA ruling this year. Last month, the operator came under scrutiny for an ad that suggested that “gambling was an escape from personal problems”. The ASA received 125 complaints on the offending ad and the company was ordered to remove the advertisement. 

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In November 2024, Minnesota Valley issued the tribe a cease-and-desist order and threatened to disconnect Prairie’s Edge if the system was activated. The tribe countered that the utility’s generation restrictions did not apply because the system was designed solely to power its own property and would not feed electricity back onto the grid.

The array, which includes an 800-kilowatt battery storage system, is expected to cover about 30% of the casino’s electricity needs. Prairie’s Edge is the Upper Sioux Community’s principal economic engine, helping fund housing, healthcare, education, and public safety.

In June, Administrative Law Judge Joseph Meyer sided with the tribe, finding Minnesota Valley’s policies did not prohibit behind-the-meter generation and that disconnecting the casino would violate the cooperative’s obligation to provide service.

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“We have made progress, such as increasing the direct tax to 15% and including the activity in the Selective Tax. Those benefiting from social programmes and those who joined the Desenrola programme were also prohibited from betting.”

He also pointed to the self-exclusion mechanism adopted by the government.

“The debate about prohibition will remain open in the country for the next few years,” he said. “It will be an institutional debate between the Supreme Court, Congress and the executive branch.