New York’s proposed Synthetic Performer Disclosure Bill (A.8887-B/S.8420-A) is positioned to become the first law in the United States requiring clear disclosures in advertisements that use AI-generated or digitally altered human likenesses. 

Under the proposed legislation, which passed both the State Assembly and the Senate, any advertisement featuring a synthetic performer would be required to include a clear and conspicuous statement noting this fact within the ad itself. A last-minute amendment removed audio-only advertisements from the requirement.  

The bill does not apply to advertisements for expressive works such as films, television programs or video games when the synthetic performer is part of that work. It also doesn’t apply where the use of AI solely involves the language translation of a human performer.

Liability would rest with the advertiser or the business commissioning the ad, rather than the media outlet or platform distributing it. 

The bill will be sent to Gov. Kathy Hochul for her signature. To date, she has not indicated whether she will sign it. If she does, the law becomes effective in 180 days.