New NYS law requires advertisers to disclose if performers are real or AI

ALBANY — If you’ve ever wondered whether a devilishly good-looking spokesperson on television is a real person, wonder no more.

A new state law requiring advertisers to clearly disclose whether they are using performers created by artificial intelligence went into effect Tuesday.

Gov. Kathy Hochul signed a law in December that puts restrictions on the use of "synthetic performers," or people generated by AI for advertising purposes.

The law’s goal is to require those created performers to be labeled so the average viewer can easily tell that what they’re looking at isn’t real.

"Requiring simple, honest disclosure when an ad uses synthetic performers protects consumers, respects our creative workforce and keeps New York at the forefront of responsible innovation," Hochul said in a statement.

The law does have carveouts for some industries and media, including ads for movies, television shows, streaming content, video games and other works that include AI-generated performers through the entire work.

It also doesn’t apply to audio advertisements or ads where AI is solely used for language translation.

AI-generated performers are sometimes used to sell products, and there has been an increased use of those performers across multiple forms of media, including social media and digital advertising.

Deputy Majority Leader Michael Gianaris, who sponsored the bill, said it was also meant to protect performers from having their image and likeness replaced by artificial intelligence.

One of the law’s biggest supporters was the SAG-AFTRA union, which represents performers and broadcasters.

"The law’s enforceable protections mitigate performance replacement, prevent consumer deception and affirm the continued value of human performance," said Rebecca Damon, the union’s chief labor policy officer and New York local executive director.

Advertisers who use AI-generated performers but fail to disclose it can face a $1,000 fine for a first violation, with subsequent fines of up to $5,000.