New York Synthetic Performer Disclosure in Advertising

Summary

Anyone who produces or creates an ad for a commercial purpose must conspicuously disclose a 'synthetic performer' in it, when they actually know one is there. A synthetic performer is a digitally created asset meant to look like a human performer who is not recognizable as any real person.

Who must comply

Any business dealing in property or services that produces or creates an ad with a synthetic performer, with actual knowledge of it. Media that only carry the ad are not covered.

What you must disclose

A conspicuous disclosure in the ad that it contains a synthetic performer.

When: Displayed with the advertisement.

Exemptions

• Audio ads.
• AI used solely to translate a human performer's language.
• Ads for expressive works such as films, shows and games, if the performer is used consistently with the work.
• Media that publish or carry the ad, such as newspapers, broadcasters, streaming services and billboards.

Penalties

$1,000 for a first violation; $5,000 for each subsequent violation.

Triggered by

Sources

• N.Y. Gen. Bus. Law § 396-b
• S.8420-A (NY State Senate)