ALBANY, N.Y. — New York has enacted a first-in-the-nation law requiring advertisers to disclose the use of AI-generated synthetic performers in commercial advertisements, with the measure taking effect on June 9, 2026.
The legislation, signed by Gov. Kathy Hochul in December 2025, mandates conspicuous disclosure when advertisements include synthetic performers created using generative artificial intelligence or software algorithms. It applies to visual or audiovisual ads distributed in the state for commercial purposes.
A “synthetic performer” is defined as a digitally created asset intended to depict a human performer who is not recognizable as any identifiable natural person. Advertisers and producers must include the disclosure if they have actual knowledge that such a performer is used.
“In New York, we are setting the rules of the road instead of letting AI run the show,” Gov. Hochul said in a statement. “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.”
The law aims to promote transparency in advertising amid the growing use of AI-generated content in film, television and digital media. It includes exceptions for certain expressive works, such as promotions for movies or video games consistent with their content, audio-only advertisements, and cases where AI is used solely for language translation of a human performer.
Violations are subject to civil penalties of $1,000 for a first offense and $5,000 for subsequent violations. Enforcement is expected to fall primarily to state authorities, though the statute does not create a private right of action.
Industry representatives have noted the law’s potential impact on national advertising campaigns that reach New York consumers, particularly in e-commerce and digital platforms where AI-generated imagery is increasingly common. Some have highlighted the need for clear guidance on what constitutes a “conspicuous” disclosure, as the law does not specify exact format or placement requirements.
The measure reflects broader state efforts to address AI in commercial contexts while supporting innovation. Similar discussions on AI transparency have occurred in other jurisdictions, though New York’s approach is the first to specifically target synthetic performers in advertising.
State officials continue to monitor implementation. Further details on compliance resources or additional regulatory guidance were not immediately available as of Tuesday.
