Artificial intelligence has dramatically changed advertising by allowing advertisers to create realistic digital people, voices, and performances without using traditional actors or models.
Effective June 9, 2026, New York General Business Law § 396-b imposes new disclosure obligations on businesses that use “synthetic performers” in commercial advertising.
What Is a Synthetic Performer? (And Why it Exceeds “Generative AI”)
Under the statute, a synthetic performer is an “asset” digitally created, reproduced or modified using generative artificial intelligence “or a software algorithm” that is intended to create the impression of a human performer who is not recognizable as any identifiable natural person.
The inclusion of the phrase “or a software algorithm” indicates that the law is not limited to generative AI and may also encompass other forms of computer-generated human imagery such as computer-generated imagery (CGI), digital visual effects (VFX), and 3D modeling technologies that are designed to simulate the visual appearance or performance of a human being.
The law primarily addresses fictional, computer-generated actors, models, or spokespersons rather than digital reproductions of recognizable individuals. The use of an identifiable person’s likeness, including AI-generated replicas or deepfakes, may implicate separate rights under New York’s right of publicity laws. The scope of the term “performer” remains uncertain. Until further guidance is provided, advertisers should evaluate not only AI-generated spokespersons and actors, but also other digitally created human images that appear to engage in a visual performance.
Advertising Covered by the Law
The disclosure mandates apply to any business dealing in “property” (products) or services that produces or creates advertisements for commercial purposes containing synthetic performers.
The law covers advertisements appearing in virtually any visual medium distributed to consumers, including:
- Television and streaming services
- Websites and social media platforms
- Online video and digital displays
- Print advertisements and billboards
When and How Must Disclosure Be Made?
A disclosure obligation arises when an advertiser has actual knowledge that a synthetic performer appears in the advertisement.
The statute’s actual knowledge requirement is significant because it suggests that advertisers are not subject to strict liability for the presence of undisclosed synthetic performers of which they are unaware. However, businesses should not view this provision as eliminating the need for diligence. Advertisers should implement internal review procedures and consider obtaining appropriate contractual representations and warranties from advertising agencies, production companies, AI vendors, and other third-party content creators regarding whether advertising materials contain synthetic performers.
The law requires that the disclosure be made conspicuously so that ordinary consumers can readily understand that the advertisement includes a synthetic performer. Although GBL § 396-b does not prescribe exact wording or formatting requirements, examples of appropriate language may include:
- “This advertisement contains an AI-generated performer.”
- “Some individuals appearing in this advertisement are digitally created.”
Although the statute does not expressly adopt the Federal Trade Commission’s “clear and conspicuous” disclosure standards, those standards provide useful guidance in determining whether a disclosure is sufficiently noticeable to consumers. To minimize regulatory risk, disclosures should be placed in close proximity to the visual of the synthetic performer, in a readable font size and contrasting color, displayed long enough to be noticed, and never buried in fine print or hidden behind hyperlinks.
Statutory Exceptions to Disclosure
The law contains several important safe harbors and statutory exceptions:
- Expressive Works: It does not apply to advertisements and promotional materials for motion pictures, television programs, streaming content, documentaries, video games, and similar audiovisual works, provided the synthetic performer appears consistently with its use in the underlying work.
- Audio-Only Ads: Purely audio advertisements are entirely exempt.
- Language Translation: The law does not apply where AI or software is used solely to translate the dialogue of a human performer into another language.
- Media Publisher Safe Harbor: The statute protects advertising media and publishers. Newspapers, magazines, television networks, streaming services, cable systems, and billboard operators that merely publish or disseminate advertisements are not liable for violations committed by advertisers.
Enforcement and Penalties for Non-Compliance
The statute does not create a private right of action, and enforcement is expected to occur through governmental authorities, including the New York Attorney General.
An advertiser found in violation of the disclosure requirement by the Attorney General may be subject to a civil penalty of $1,000 for a first violation and $5,000 for each subsequent violation.
How New York’s Law Fits Into the Emerging National AI Regulatory Landscape
New York’s synthetic performer disclosure law represents one of the first state efforts to regulate the use of generative AI in ordinary commercial advertising. Although many states have enacted laws addressing AI-generated political advertisements, digital impersonation, and rights of publicity, New York appears to be the first jurisdiction to broadly require disclosure when commercial advertising uses a non-identifiable AI-generated human performer. Businesses operating nationally should monitor developments in other jurisdictions, as additional state regulation of AI-generated advertising is likely.
Key Takeaways
- AI-generated actors and models may trigger disclosure requirements.
- The law applies broadly to commercial advertising.
- The law is not limited to generative AI.
- Disclosures are required only when the advertiser has actual knowledge that a synthetic performer appears in the advertisement.
- The disclosure must be conspicuous.
- Not every use of AI is covered.
- Existing rights relating to identifiable individuals remain unchanged.
- Violations may result in monetary penalties.
New York’s synthetic performer disclosure law represents an important development in the growing state-level regulation of artificial intelligence and digital assets. Businesses utilizing digitally created people in their advertising should implement safeguards to ensure compliance with New York law.