New state law requires transparency for AI-generated advertising

ALBANY | Gov. Kathy Hochul has announced that the first-in-the-nation law to boost AI transparency in advertising in the film and television industry is now in effect. The law, signed in December 2025, requires persons who produce or create an advertisement to identify if it includes AI-generated synthetic performers. "In New York, we are setting the rules of the road instead of letting AI run the show," Gov. Hochul said. "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." AI-generated synthetic performers are digitally created media that appear as a real person. AI-generated synthetic performers are sometimes used by advertisers to sell products, and with easy access to technology, there has been an increase in the use of AI-generated performers across all forms of media, including on social media and in digital advertising. Without notice that the content the public is viewing is not real, AI-generated synthetic performers and manipulated media can undermine one's ability to accurately distill fact from fiction. State Senator Michael Gianaris said, "Film and television production remains an integral part of New York's economy, and that is why New York will continue to lead in protecting the workers who power this industry. As this legislation goes into effect, New York's performers will be better protected from their likenesses being deceptively replaced by artificial intelligence, and we can hold accountable those who would take advantage of these tools to profit improperly at the expense of the real talent. Thank you to Governor Hochul for enacting this important law." Assemblymember Linda B. Rosenthal (D/WF - Manhattan) said, "The rise of deepfakes and AI-generated performers have made it more difficult than ever for consumers to decipher fact from fiction. The synthetic performer legislation will alert New Yorkers to the use of synthetic performers in advertisements, providing much-needed transparency to consumers and protections to artists. As companies rely on new marketing strategies to sell their products and services, consumers have a right to know if the person featured in those ads is real or fake and our first-in-the-nation law will ensure that happens." SAG-AFTRA Chief Labor Policy Officer and New York Local Executive Director Rebecca Damon said, "SAG-AFTRA is grateful to Governor Hochul for placing New York at the forefront of developing smart guardrails around the use of generative AI. This Synthetic Advertisement Disclosure law protects consumers and workers from the risks posed by rapidly developing AI technologies. The law's enforceable protections mitigate performance replacement, prevent consumer deception, and affirm the continued value of human performance. As artificial intelligence technology evolves, we look forward to continuing to work with Governor Hochul on further AI guardrails." The enactment of synthetic performer law complements Gov. Hochul's ongoing efforts to ensure that the use of AI is for the common good. As technology continues to evolve, Gov. Hochul remains committed to keeping New Yorkers safe online, and has implemented nation-leading regulations to ensure safe and responsible AI use in New York State. Initiatives include: The SAFE for Kids Act and Child Data Protection Act that restrict addictive feeds for kids and prevent online operators from collecting and monetizing children's data without informed consent. AI Companion legislation, which set first-in-the-nation safeguards, diverting user conversations about self-harm to mental health resources and interrupting unhealthy addictive behaviors. The Governor also outlawed AI-generated Child Sexual Abuse Material. The Unplug and Play Agenda, which helps encourage healthy socialization and child development by funding social infrastructure, physical sites like playgrounds, community centers, and pools, and expanded youth programming.New York's Distraction Free Learning Policy, which is already resulting in greater academic achievement, improved student wellbeing, and safer school environments for students. The recently signed Warning Labels bill that will require social media companies post warnings about the platform's potential impact on mental health. AI Deceptive Practices Act, which enhances protections against unauthorized use of likeness/voice and the unauthorized dissemination of intimate images. This year, the Governor's Safe by Design Act was implemented in the FY27 State Budget. Safe by Design ensures that parental controls for kids are set at the highest protections on common social and gaming platforms, which means that non-connections above the age of 18 cannot privately communicate with kids, view their full profile, or tag them in content. Location settings will also be turned off by default, and children under 13 must receive parental approval for new connections. It also disables certain AI chatbot features on online platforms for kids and parents must be able to set limits on children's financial transactions on online gaming platforms and view their child's transaction history. While many of these platforms have increased their security features for kids, in New York it is now the law, and cannot be relaxed by these platforms over time. Additionally, Gov. Hochul is now creating a first-of-its kind Office of Digital Innovation, Governance, Integrity, and Trust (DIGIT). DIGIT will serve as a central, authoritative body for digital safety and technological governance, devising new approaches and ensuring consistent enforcement to keep New Yorkers safe online; while protecting New York's position as a state that values and invests in cutting edge innovation. The DIGIT Office will first focus on regulating large frontier AI developers, enabling greater transparency into their safety measures and establishing a reporting mechanism for developers to report critical safety incidents.

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New state law requires transparency for AI-generated advertising

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