New York 2025-2026 Regular Session

New York Senate Bill S08420

Introduced
6/9/25  
Refer
6/9/25  
Engrossed
6/13/25  
Refer
6/13/25  
Engrossed
6/17/25  
Enrolled
12/1/25  
Chaptered
12/11/25  

Caption

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.

Impact

The bill imposes civil penalties for violations, establishing a fine of $1,000 for the first offence and $5,000 for subsequent violations. By instituting these penalties, the legislation intends to encourage compliance from advertisers and businesses, fostering a more honest representation of AI-created content. This measure could potentially reshape advertising practices in New York, making entities liable for misleading representations involving synthetic performers. The inclusion of provisions that exclude expressive works, such as films and video games, from this disclosure requirement indicates a recognition of the artistic merit and context in which AI-generated content might be employed.

Summary

Bill S08420, introduced by Sen. Gianaris, seeks to amend the general business law to enhance transparency in advertising by requiring that any advertisement which includes the use of a synthetic performer must disclose this fact conspicuously. A synthetic performer, as defined in the bill, refers to a digitally created entity that utilizes generative artificial intelligence to simulate a performance that gives an impression of a human performer. This change aims to address the growing influence of AI in media and entertainment, ensuring that consumers are made aware of the nature of the performers in advertisements.

Contention

Discussions surrounding S08420 reveal notable points of contention, particularly in how the bill balances consumer protection with freedom of expression in creative fields. Advocates argue that the bill is necessary to protect consumers from deceptive practices in an industry that is rapidly incorporating advanced AI technologies. However, critics could raise concerns about overregulation, fearing that the requirement to disclose synthetic performers in certain creative contexts could stifle innovation or limit artistic expression. Furthermore, discussions might focus on the practical implications of enforcement, especially regarding the varied interpretations of what constitutes a 'synthetic performer' versus traditional human performances in advertising.

Companion Bills

NY A08887

Same As 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.

Previously Filed As

NY A08887

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.

NY A00216

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.

NY A00606

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.

NY S01228

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.

NY HB2255

Further providing for definitions, for unlawful acts and penalties and for violations; and imposing penalties.

NY SF4196

Campaign Finance and Public Disclosure Board to impose fees and civil penalties for various violations requirement

NY S07653

Increases the civil penalties for violations of child labor laws.

NY SB484

Relating to disclosures and penalties associated with use of synthetic media and artificial intelligence

NY A08404

Requires that any penalties for violations of housing standards or building and fire codes be assessed and imposed within fourteen days; increases certain fine amounts for violations of housing standards.

NY A09642

Requires the registration of data brokers; imposes regulations upon data brokers; establishes a data deletion mechanism for consumers; imposes penalties upon data brokers for violations of the law.

Similar Bills

CA SB1050

False advertising: synthetic performers.

CA AB2717

Outdoor advertising displays: arenas: exemptions.

CA SB783

Outdoor advertising displays: redevelopment agency project areas.

CA AB840

Outdoor advertising displays: redevelopment agency project areas.

HI SB2733

Relating To Liquor.

CA AB770

Advertising displays: City of Los Angeles: exemption: ordinance.

CA SB1228

Advertising displays: exemptions: redevelopment agency projects.

AZ HB2179

Marijuana; advertising; restrictions