New York has implemented a new state law requiring advertisements to clearly disclose when artificial intelligence-generated individuals, termed "synthetic performers," are used in place of human actors. The legislation, which took effect Tuesday, aims to enhance transparency in advertising and protect the state's creative workforce.
Governor Kathy Hochul, who signed the bill in December, described it as a "first-in-the-nation law" designed to set standards for AI use. The law defines synthetic performers as "digitally-created media that appear as a real person" and applies to ads across all mediums. Hochul stated the "simple, honest disclosure" required by the law supports consumers, respects creative professionals, and promotes responsible innovation.
Advertisements that fail to "conspicuously disclose" the use of synthetic performers face penalties, with a $1,000 fine for the initial violation and $5,000 for subsequent offenses.
Specific exemptions are included in the law, such as for advertisements where synthetic performers are integral to the entire work, including movies, television shows, streaming content, and video games. The law also does not apply to audio advertisements or those solely utilizing AI for language translation.
During the legislative process, advertising organizations like the American Association of Advertising Agencies voiced strong opposition, arguing the law would create compliance uncertainty and hinder creative and technological advancements. The New York State Broadcasters Association, while relieved by certain amendments, raised concerns about the broad definition of synthetic performers but indicated local stations are prepared to comply.
The actors' union, SAG-AFTRA, was a significant supporter of the legislation, noting its recent contract agreements that provide protections against the use of synthetic performers. This New York law is part of a broader movement in several U.S. states to enact regulations aimed at safeguarding jobs for human workers and addressing potential privacy and safety issues associated with AI.
Notably, in December, President Donald Trump signed an executive order encouraging states to refrain from regulating AI, citing fears that a fragmented regulatory landscape could impede the growth of AI companies and allow China to gain an advantage in the global AI race. Critics of this executive order argue it could lead to insufficient oversight for tech companies.