New York Now Requires Ads to Disclose AI-Generated 'Synthetic Performers'

New York State's first-in-the-nation law mandating disclosure of AI-generated synthetic performers in advertising took effect this week, following its signing by Gov. Kathy Hochul in December. Any advertisement — across any medium — that features a digitally created person in place of a real actor must now "conspicuously disclose" the use of a synthetic performer, with fines of $1,000 for a first violation and $5,000 for subsequent offenses. Carve-outs exempt ads for films, TV shows, streaming content, and video games, as well as audio-only ads and AI used solely for language translation.

The law drew strong opposition from advertising industry groups, including the American Association of Advertising Agencies, which argued it introduces compliance uncertainty and stifles creative innovation. Its biggest champion was SAG-AFTRA, which has also secured contract protections against synthetic performers with studios and streamers. The legislation arrives amid broader tension over AI regulation: President Trump signed an executive order shortly after Hochul's signing, pressuring states to avoid creating a patchwork of AI rules.