Key facts
- New York law requires clear labeling of "synthetic performers" in advertisements.
- The law defines synthetic performers as digitally-created media that appear as real people.
New York state law now requires advertisements featuring AI-generated people to clearly label them as "synthetic performers." The regulation, which went into effect Tuesday, aims to increase transparency and protect creative workers, with penalties for non-compliance.
This law establishes a new regulatory standard for AI-generated content in advertising, potentially influencing similar legislation in other states and setting a precedent for transparency in the use of synthetic media.
New York has enacted a first-in-the-nation law requiring advertisements that use artificial intelligence-generated people to clearly label them as "synthetic performers." The law, signed by Governor Kathy Hochul in December and effective Tuesday, aims to enhance transparency and protect the creative workforce amidst the increasing use of AI-generated performers across media platforms.
Under the law, "digitally-created media that appear as a real person" are defined as synthetic performers. This regulation applies to advertisements across all mediums. Governor Hochul stated that the law sets responsible innovation standards and protects consumers and creative professionals.
Advertisements that fail to conspicuously disclose the use of synthetic performers will face penalties, with a $1,000 fine for the first violation and $5,000 for subsequent offenses. Specific exemptions are in place for ads where synthetic performers are integral to the entire work, such as movies, television shows, and video games. Audio advertisements and those using AI solely for language translation are also excluded.
Industry reactions have been mixed. The American Association of Advertising Agencies and other advertising organizations opposed the law, arguing it could create compliance uncertainty and hinder creative and technological innovation. Conversely, the New York State Broadcasters Association, while noting some relief from amendments, expressed concern over the broad definition of synthetic performers but stated local stations are prepared to comply. The actors' union, SAG-AFTRA, was a strong supporter, highlighting its recent contract that includes protections against synthetic performers.
This New York legislation is part of a broader movement in several U.S. states to address AI's impact on job security and mitigate potential privacy and safety risks. These efforts include laws barring deepfakes and requiring greater corporate transparency. The move comes as President Donald Trump signed an executive order in December urging states not to regulate AI, expressing concern that a fragmented regulatory landscape could impede U.S. AI companies and allow China to advance in the AI race.
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