New York Enacts ‘Synthetic Performer’ Disclosure Law for Advertisements, Including Those Using Generative AI
On December 11, 2025, New York Governor Kathy Hochul signed S.8420-A/A.8887-B, marking a historic step as the first state to implement a “synthetic performer” law. This groundbreaking legislation mandates that advertisers disclose the use of certain digitally created human images, particularly those generated through artificial intelligence (AI), in advertisements.
Effective Date and Penalties
The law amends New York General Business Law (GBL) § 396-b and is set to take effect on June 9, 2026. Advertisers who fail to comply with the disclosure requirement may face civil penalties of $1,000 for a first violation and $5,000 for each subsequent violation.
Definitions: Understanding AI and Synthetic Performers
New York’s law provides a broad definition of “artificial intelligence”, encompassing machine-based systems that generate outputs such as predictions or decisions using techniques like machine learning, large language models, natural language processing, computer vision, and generative AI.
Importantly, the disclosure obligation is triggered not by general AI use, but specifically by the inclusion of a “synthetic performer.” Defined as a “digitally created asset” that is intended to simulate a human performance, a synthetic performer is a product of generative AI or algorithms. This law aims to address advertisements that present what appears to be a real human performance, even if the performer is entirely synthetic and not a replica of an identifiable individual.
Core Requirement: Conspicuous Disclosure
According to GBL § 396-b(3), anyone producing advertisements for commercial purposes must “conspicuously disclose” the presence of a synthetic performer when they have actual knowledge of its inclusion. The statute does not offer a clear definition of “conspicuous,” allowing for market practices and enforcement to shape how disclosures are presented across various media.
Exceptions and Limitations
The law includes several important exceptions and limitations:
- Expressive Works Exception: Advertisements for expressive works (films, TV shows, video games) are exempt if the use of the synthetic performer aligns with its role in the underlying work.
- Media Format/Use Exceptions: The law does not apply to audio advertisements or instances where AI is used solely for translating human performances.
- Publisher/Platform Protection: The statute does not extend to media publishers disseminating the advertisements, thus preserving protections under Section 230 of the Communications Decency Act.
Practical Takeaways for Businesses
Businesses advertising in New York must prepare for compliance by:
- Inventorying campaigns that utilize “digital humans,” avatars, or simulated spokespersons.
- Updating creative review processes to flag the use of synthetic performers and ensure proper disclosures are made.
- Tightening contracts with agencies and production studios to clarify responsibilities regarding disclosures and the “actual knowledge” standard.
As businesses adapt to this law, it may face challenges both federally and through private litigation on First Amendment grounds. Continued monitoring of related developments will be essential as the landscape of AI regulations evolves.
