New York Enacts Landmark Law Mandating Disclosure for AI-Generated Performers in Advertisements

New York has implemented a groundbreaking law specifically addressing advertisements that utilize images or videos of individuals created through artificial intelligence. This pioneering legislation, now in effect, marks a significant step in regulating AI within commercial media.

Known as the synthetic performer disclosure law, this state measure was signed by Governor Kathy Hochul in December 2025. It mandates that any advertisement incorporating an AI-generated person must display a prominent label informing viewers that the individual depicted is not a real human.

Establishing Transparency and Accountability

Governor Hochul articulated the state's proactive stance in a recent press statement, asserting,

"In New York, we are setting the rules of the road instead of letting AI run the show. 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."

Synthetic performers generated by AI refer to digitally produced media that convincingly replicate the appearance and voice of real individuals. These creations are frequently deployed in marketing initiatives across various social media platforms and digital advertising channels, often serving as an alternative to conventional photoshoots.

The new statute outlines penalties for non-compliance, imposing a civil fine of up to $1,000 for an initial violation. Subsequent infractions will incur a substantially higher penalty of $5,000 each.

While establishing the requirement for disclosure, the legislation does not offer specific statutory guidance on the precise wording or method of delivery for the notice. It simply stipulates that the disclosure must be "conspicuous" to consumers.

New York Assemblymember Linda B. Rosenthal, who represents Manhattan, commented on the challenges posed by evolving technology, stating,

"The rise of deepfakes and AI-generated performers have made it more difficult than ever for consumers to decipher fact from fiction."

She further elaborated on the law's benefits, explaining that

"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."

Industry Adoption and Creative Protections

A report from the Interactive Advertising Bureau indicates a growing trend in the advertising sector: approximately 83% of advertising executives surveyed this year confirmed their companies are integrating AI into their creative processes. This represents a significant 60% increase compared to figures from 2024.

The national performers union SAG-AFTRA lent its support to the new law, commending it as a crucial advancement in AI regulation and consumer safeguards. This endorsement comes amidst increasing apprehension among creative professionals regarding the proliferation of deepfakes.

Duncan Crabtree-Ireland, the National Executive Director and Chief Negotiator for SAG-AFTRA, previously highlighted the collaborative effort behind the legislation, stating,

"These protections are the direct result of artists, lawmakers and advocates coming together to confront the very real and immediate risks posed by unchecked AI use."

He concluded by emphasizing the core principles upheld by the new mandate:

"By mandating transparency and securing consent, New York has drawn a bright line that puts human creativity, integrity and trust first."