New York requires disclosures for synthetic performers in ads

New York’s Synthetic Performer Disclosure Law took effect on June 9, 2026, requiring advertisements that feature a “synthetic performer” to include a clear and conspicuous disclosure. Governor Kathy Hochul described the measure, S.8420-A/A.8887-B, as a first-in-the-nation law. It amends New York General Business Law § 396-b, with penalties of $1,000 for a first violation and $5,000 for later violations.

The law applies to advertisers whose content reaches New York audiences and promotes property or services for commercial purposes, regardless of where the advertiser is based. Covered formats can include social media, paid digital, video, influencer, TV and display advertising. Audio-only ads, AI use limited to language translation of a human performer, and certain ads for expressive works such as films, streaming content and video games are excluded.

A synthetic performer is a digitally created asset produced, altered or modified by computer, generative AI or software algorithm to create the impression of a human audiovisual or visual performance where no identifiable natural performer exists. Advertisers can reduce risk by using plain disclosures such as “AI‑generated performer,” preserving records of tools and assets, updating vendor and influencer agreements, and adding legal review or pre-approval steps for AI-generated advertising content.