en.Wedoany.com Reported - A New York state law mandates that advertisements using artificial intelligence to generate performers in place of real actors must clearly label them as "synthetic performers," or face legal consequences.
Signed by Governor Kathy Hochul in December, the law took effect on Tuesday. Hochul's office described it as "the first law of its kind in the nation," aimed at increasing transparency in advertising. As AI-generated performers appear across various media, including social media and digital ads, the law requires a "clear and conspicuous disclosure" of the use of "synthetic performers" in any medium where the ad is published. A synthetic performer is defined as "digital creation media that appears to be a real person."
In a statement, Hochul said the law aims to ensure New York "sets the rules, rather than letting AI take the lead." The required disclosures will protect consumers, respect creative workers, and ensure New York is at the forefront of responsible innovation. Advertisements that fail to comply will face a fine of $1,000 for the first violation and $5,000 for each subsequent violation.
The law lists specific exemptions, including ads for movies, television series, streaming content, video games, and other overall works that use synthetic performers. Additionally, the law does not apply to audio ads or ads that only use AI for language translation.
During the law's consideration in the state legislature, it faced strong opposition from the American Association of Advertising Agencies (4As) and other advertising organizations. The 4As argued that the law would "inject compliance uncertainty into the advertising process, burden brands (and their agencies) advertising in New York, and stifle creative and technological innovation." The New York State Broadcasters Association publicly stated during the legislative process that while they were relieved by certain exemptions created through amendments, they remained concerned about the broad definition of synthetic performers. David Donovan, the association's president, told the Associated Press on Tuesday that local radio stations are prepared to comply with the law.
The law's biggest supporter is the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA). The union recently approved a new contract with studios and streaming platforms, which it says provides further protections against synthetic performers.
This law is one of many bills proposed across multiple U.S. states to enhance protections for real human workers and curb potential privacy and security risks from AI. Enacted state laws include bans on deepfakes in specific circumstances, restrictions on certain personal information collection, and requirements for companies to increase transparency. Shortly after Hochul signed the law, President Donald Trump signed an executive order pressuring states not to regulate AI, arguing that a patchwork of state regulations could hinder AI companies' development and allow China to catch up in the AI race. Critics of the executive order argue it would allow tech companies to operate with minimal oversight.
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