New York City, December 12, 2025
In a significant legislative move, New York has mandated that advertisers disclose when they use AI-generated synthetic performers in their content. This law is aimed at enhancing transparency and protecting consumers from misleading marketing. The legislation, signed by Governor Kathy Hochul, entails civil penalties for non-compliance and outlines specific exceptions for certain expressive works. As New York takes the lead in regulating AI in advertising, businesses will need to adapt their content strategies to comply with these new regulations, which could serve as a model for other jurisdictions.
New York’s Landmark AI Law Mandates Disclosure of Synthetic Performers
New York City, NY – In a pioneering move, New York State has enacted legislation mandating that advertisements disclose the use of AI-generated synthetic performers. This law aims to enhance transparency and protect consumers from deceptive marketing practices.
Key Provisions of the New Legislation
- Disclosure Requirement: Advertisers must clearly identify when a synthetic performer is used in their content. This includes any digital representation of a person created through artificial intelligence technologies.
- Penalties for Non-Compliance: Failure to disclose the use of synthetic performers will result in civil penalties: $1,000 for the first violation and $5,000 for any subsequent violations.
- Exceptions: The law does not apply to advertisements and promotional materials for expressive works, such as motion pictures, television programs, streaming content, documentaries, and video games, provided that the use of a synthetic performer in the advertisement or promotional material is consistent with its use in the expressive work.
Background and Legislative Process
The legislation, known as S.8420-A/A.8887-B, was signed into law by Governor Kathy Hochul on December 11, 2025. Assemblymember Linda B. Rosenthal, who introduced the bill, emphasized the importance of this measure in an era where distinguishing between real and AI-generated content is increasingly challenging. The bill passed both the New York State Senate and Assembly with bipartisan support, reflecting a collective commitment to consumer protection and technological transparency.
Implications for the Advertising Industry
This law positions New York at the forefront of regulating AI in advertising. By requiring clear disclosures, the state aims to foster trust between consumers and advertisers. The penalties for non-compliance underscore the seriousness with which New York is addressing the potential for deception in marketing practices. Advertisers operating in New York will need to review their content creation processes to ensure compliance with this new requirement.
Related Legislative Developments
In addition to the synthetic performer disclosure law, New York has enacted other legislation to protect consumers and boost AI transparency in the film industry. Notably, legislation S.8391/A.8882 requires consent from heirs or executors if a person wishes to use the name, image, or likeness of an individual for commercial purposes after their death. These measures reflect a broader effort to balance technological innovation with individual rights and consumer protection.
Conclusion
New York’s new law represents a significant step in regulating the use of artificial intelligence in advertising. By mandating the disclosure of synthetic performers, the state aims to protect consumers from deceptive practices and set a precedent for other jurisdictions to follow in the evolving landscape of AI technology.
FAQ
What is the new law in New York regarding AI in advertising?
The law requires advertisers to disclose when a synthetic performer, or AI-generated representation of a person, is used in their advertisements. This aims to enhance transparency and protect consumers from deceptive marketing practices.
What are the penalties for not complying with this law?
Advertisers who fail to disclose the use of synthetic performers will face civil penalties: $1,000 for the first violation and $5,000 for any subsequent violations.
Does this law apply to all advertisements?
No, the law does not apply to advertisements and promotional materials for expressive works, such as motion pictures, television programs, streaming content, documentaries, and video games, provided that the use of a synthetic performer in the advertisement or promotional material is consistent with its use in the expressive work.
Who introduced this legislation?
Assemblymember Linda B. Rosenthal introduced the bill, with bipartisan support from both the New York State Senate and Assembly.
When was the law signed into effect?
Governor Kathy Hochul signed the legislation into law on December 11, 2025.
Key Features of the New AI Advertising Law
| Feature | Description |
|---|---|
| Disclosure Requirement | Advertisers must clearly identify the use of synthetic performers in their content. |
| Penalties | $1,000 for the first violation; $5,000 for subsequent violations. |
| Exceptions | Does not apply to advertisements for expressive works like films and video games, provided the use is consistent with the expressive work. |
| Legislative Process | Passed with bipartisan support; signed into law by Governor Kathy Hochul on December 11, 2025. |
| Related Legislation | Includes S.8391/A.8882, requiring consent from heirs for posthumous use of an individual’s likeness. |
Now Happening on X
- @TENET_RESEARCH (December 11, 2025): New York enacts landmark AI law requiring ads to disclose use of synthetic performers. View on X
- @thejohnfleming (December 11, 2025): Shares news on New York’s landmark AI law mandating disclosure of synthetic performers in ads. View on X
- @DEADLINE (December 11, 2025): Reports that New York has enacted a landmark AI law requiring ads to disclose the use of synthetic performers. View on X
- @engadget (December 11, 2025): New York passes law requiring ads to disclose the use of AI performers. View on X
- @LisaLiebmanNYC (December 12, 2025): Discusses New York’s new AI laws requiring disclosure of synthetic performers in ads and consent for posthumous use of name, image, and likeness. View on X
- @YourHoodLawyer (December 11, 2025): New York passes law requiring ads to disclose the use of AI performers. View on X
- @MoizEsufally (December 12, 2025): New York passes law requiring ads to disclose the use of AI performers, linking to Engadget coverage. View on X
- @textually (December 12, 2025): New York becomes the first state to require disclosure of AI performers in ads. View on X
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