On December 11, Governor Kathy Hochul signed a pair of New York laws intended to force greater transparency and new consent protections when artificial intelligence is used to create performers for advertising, shifting the regulatory landscape for brands, agencies and the creative industries. According to the governor's office, the measures require clear disclosure when an advertisement employs AI-generated synthetic performers and extend post-mortem publicity rights to bar commercial use of a deceased person's vocal or visual digital replica without heirs' or executors' written consent. [1][3]
One bill, enacted as S.8420-A/A.8887-B, amends New York's general business law to require advertisers to include "clear and conspicuous" disclosures when an ad contains a synthetic performer created using generative artificial intelligence, except where the ad's use of the synthetic performer is consistent with its use in an expressive work such as a film or television programme. Industry definitions in the legislation distinguish "artificial intelligence" and "generative artificial intelligence" and tie the disclosure duty specifically to synthetic performers that appear human but are machine-made. Government summaries and the statutory text make civil penalties available for non-compliance. [1][4][2]
The companion measure, S.8391/A.8882, updates New York's post-mortem right of publicity to cover "digital replicas", defined as computer-generated, highly realistic electronic performances or materially altered performances, and prohibits their commercial exploitation without prior written consent from the deceased individual's heirs or executors. The provision echoes, and broadens, protections first seen in the state's Fashion Workers Act-era rules that required model consent for creation or use of digital replicas. According to official statements, the change aims to prevent unauthorised deepfakes and protect estates from commercial appropriation. [1][3]
The statutes build in statutory definitions and enforcement mechanisms that had appeared in several earlier and related legislative proposals, including S1228B and other Assembly and Senate bills that sought to pin down what constitutes a synthetic performer and to impose civil penalties for failures to disclose. Those parallel measures trace a clear legislative arc establishing disclosure duties, definitional clarity for "generative AI" and liability for advertisers who fail to comply. [2][4][5]
Not all industry groups welcome the mandates. The American Advertising Federation publicly opposed related disclosure bills, urging members to contact legislators to express concern about the proposed requirements. According to the AAF, the measures A606 and S1228 could have unintended consequences for creative work and advertising practice. Proponents, however, argue the laws are necessary to safeguard consumers and the commercial rights of performers and their families. [6][1]
The new laws mark New York's effort to balance innovation with individual and consumer protections as generative AI becomes more common in marketing and entertainment. Enforcement, interpretation of definitions such as "readily identifiable" and the interaction of these rules with labour agreements such as those administered by SAG-AFTRA will shape how quickly and how broadly industry practice adapts, and several related bills remain under consideration in state committees. The practical effect for advertisers will be immediate: disclosure obligations and consent requirements are now part of New York's legal framework and are likely to influence practice beyond the state. [1][7][4]
📌 Reference Map:
##Reference Map:
- [1] (JD Supra / JDSUPRA) - Paragraph 1, Paragraph 2, Paragraph 3, Paragraph 5, Paragraph 6
- [3] (Office of the Governor of New York) - Paragraph 1, Paragraph 3
- [4] (New York State Senate S8420A) - Paragraph 2, Paragraph 6
- [2] (New York State Senate S1228B) - Paragraph 2, Paragraph 4
- [5] (New York State Assembly A216A) - Paragraph 4
- [6] (American Advertising Federation) - Paragraph 5
- [7] (New York State Senate S6859A) - Paragraph 6
Source: Noah Wire Services