State enacts first-in-nation synthetic performer disclosure rule.

New York enacted legislation requiring advertisers to disclose when a commercial includes a synthetic performer created with artificial intelligence (AI). The bill was signed into law by Governor Kathy Hochul and takes effect 180 days after signature.

Under the new law, any advertisement that features a synthetic performer – defined as a digital image or representation designed to give the impression of a real person and generated or modified by generative AI or similar software – must include clear disclosure of that fact. Failure to do so can result in a $1,000 civil penalty for a first offense and $5,000 for subsequent violations.

The legislation amends New York’s general business law to define key terms, including “artificial intelligence,” “generative artificial intelligence,” and “synthetic performer.” It does not apply to expressive works, such as films or video games, in which a synthetic performer is integral to the work.

Gov. Hochul said the law “ensures we are fully transparent when using images generated by artificial intelligence,” highlighting the goal of protecting consumers and artists alike.

State Senator Michael Gianaris (D), the bill’s sponsor, said the measure will “protect workers from having their likenesses deceptively replaced by artificial intelligence” and hold companies accountable for improper use of these tools.

Supporters argued that the measure will help consumers distinguish between real and AI-generated performers, as such technologies become more common in advertising and digital media. The law has drawn attention as possibly the first in the United States to mandate AI-related disclosures in commercial content.

The requirement places responsibility on the advertiser or business producing the content, rather than the platform distributing it.