Requires advertisements to disclose the use of a synthetic performer; imposes a $1,000 civil penalty for a first violation and a $5,000 penalty for any subsequent violation.
A08887 amends New York’s General Business Law to require certain commercial advertisements to conspicuously disclose when they contain a “synthetic performer.” The bill defines artificial intelligence, generative artificial intelligence, and synthetic performer, and applies the disclosure requirement to ads for property or services created for commercial purposes when the advertiser, agent, or employee has actual knowledge that a synthetic performer is being used. It sets civil penalties of $1,000 for a first violation and $5,000 for subsequent violations.
The bill includes several carveouts. It does not apply to audio advertisements, to uses of AI limited solely to language translation of a human performer, or to advertisements and promotional materials for expressive works such as motion pictures, television programs, streaming content, documentaries, and video games when the synthetic performer use is consistent with the underlying work. It also preserves existing rights under the Civil Rights Law and does not alter federal Communications Decency Act protections for interactive computer services.
In practical terms, the bill would add a new consumer-disclosure obligation for advertisers using AI-generated or digitally created human-like performers in commercial ads. It would affect businesses, advertisers, agencies, publishers, broadcasters, streaming services, and other media outlets that disseminate ads in New York, while also limiting liability for media entities unless they had actual written notice and failed to act within the specified time.
The general sentiment reflected in the bill’s committee history is favorable, with the measure advancing through Assembly committees by substantial margins. That suggests broad support for transparency around AI-generated advertising content and concern about misleading consumers, though the absence of transcript debate limits insight into detailed arguments.
The main points of contention likely center on how broadly the disclosure rule reaches, the burden on advertisers and media platforms, and whether the exceptions are sufficient for entertainment and translation uses. The bill’s actual-knowledge standard and notice-based protections for publishers appear designed to address some of those concerns while still imposing penalties on advertisers who knowingly fail to disclose.
The bill would amend Section 396-b of the General Business Law by adding a new disclosure requirement for advertisements that use a synthetic performer, along with definitions for AI, generative AI, and synthetic performer. It creates a civil penalty regime for noncompliance and establishes notice-based protections for publishers and other media outlets. The measure would also preserve existing rights under the Civil Rights Law and avoid affecting federal Section 230 protections, while taking effect 180 days after enactment.
The available voting history indicates strong committee support, with favorable votes in both the Assembly Ways and Means Committee and the Assembly Rules Committee. No transcript discussion is available, but the bill’s progress suggests a generally positive sentiment toward requiring transparency in AI-generated advertising. The support appears to reflect concern about consumer deception and the need to label synthetic or digitally generated performers in commercial ads.
The likely areas of disagreement are the scope of the disclosure mandate, the compliance burden on advertisers and media outlets, and the treatment of exceptions for expressive works, audio ads, and translation-only uses of AI. Advertisers and publishers may be concerned about operational costs and liability exposure, while supporters likely view the disclosure as a necessary consumer-protection measure. The bill tries to balance these interests by limiting liability for media entities absent actual written notice and by excluding certain categories of content.