Advertisements in New York using artificial intelligence-generated individuals instead of human actors must now explicitly state they feature a “synthetic performer.” This requirement follows a new state law signed by Governor Kathy Hochul in December, which took effect on Tuesday. The governor’s office describes it as a pioneering law aimed at enhancing transparency, reflecting the growing presence of AI-generated performers across media, including digital ads and social platforms.
According to the law, synthetic performers are defined as “digitally-created media that appear as a real person.” This applies to advertisements across all formats. Governor Hochul stated, “In New York, we are setting the rules of the road instead of letting AI run the show.” She added that the required “simple, honest disclosure” protects consumers and respects the creative workforce, ensuring New York remains a leader in responsible innovation. Non-compliance results in fines of $1,000 for a first violation and $5,000 for subsequent ones.
Exceptions in the law exclude advertisements for movies, TV shows, streaming content, video games, and other comprehensive works featuring synthetic performers. Audio ads or those with AI used solely for language translation are also exempt.
During the legislative process, the American Association of Advertising Agencies, known as the 4As, and other advertising organizations opposed the law, arguing it would complicate compliance and hinder creativity and innovation. While some exceptions pleased organizations like the New York State Broadcasters Association, concerns remain about the broad definition of a synthetic performer.
The actors’ union SAG-AFTRA, a key supporter, recently ratified a contract they believe offers more protection against synthetic performers. This law is part of a broader effort by various U.S. states to ensure job security for humans and address privacy and safety risks posed by AI. Other states have passed legislation to prevent deepfakes, limit data collection, and demand corporate transparency.
In contrast, following the enactment of New York’s law, ex-President Donald Trump issued an executive order discouraging state-level AI regulations. The order sought to prevent a varied regulatory landscape that might hinder AI company growth and advantage China in the AI sector. Critics fear this approach will leave tech companies with minimal oversight.
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