New York has enacted a first-in-the-nation legislation requiring disclosures when artificial intelligence is used to create or significantly alter human likenesses in advertising. Gov. Kathy Hochul signed the bill into law on December 11; the law is scheduled to take effect 180 days after signing, roughly June 9–10, 2026. 

The law requires advertisers to include a clear and conspicuous disclosure when an advertisement uses a synthetic performer, defined as a digital replica of a human likeness that is generated or materially altered using artificial intelligence. The disclosure obligation applies across advertising media, including digital and social platforms, and enforcement authority rests with the state, with civil penalties available for violations.

Importantly, the law does not apply to all uses of AI in advertising. It is targeted specifically to digital replicas of human beings, not routine post-production or technical editing. Common production activities such as color correction, lighting adjustments, cropping, resizing, background cleanup, noise reduction or basic retouching generally do not create a digital replica. By contrast, a digital replica typically involves AI being used to generate, recreate or materially modify a person’s face, body or voice. Examples include creating a person who never appeared on camera, making a performer say or do things they never actually said or did, or substantially altering a person’s appearance, expressions or movements through AI tools. In practical terms, the disclosure requirement is most likely triggered where AI is used to simulate or replace a human performer rather than simply polish existing footage.

The statute also includes an important carve-out for expressive works. Advertisements promoting films, television programs, video games or similar narrative works are generally excluded when AI-generated performers are part of the expressive content itself rather than the advertising message.

Although often discussed as a New York City issue, the law is not limited to ads produced in New York or by New York-based advertisers. As a consumer protection measure, it applies to advertising that is aired, displayed or otherwise distributed in New York State, regardless of where the ad was created or where the advertiser is located. If New Yorkers can see the ad, the law may apply.

The timing of the law’s enactment is notable. Gov. Hochul signed the bill on the same day the White House issued an executive order aimed at reducing what the administration characterizes as state-law obstacles to a unified national artificial intelligence policy. The federal initiative emphasizes concerns about a patchwork of state AI regulations that could complicate compliance and potentially slow innovation, and it calls for federal agencies to assess state AI laws and consider national standards.

Some commentators have suggested that the federal approach may also reflect concern about protecting large technology companies from divergent state disclosure and liability regimes. Supporters of a national framework argue that uniform rules are necessary for competitiveness and innovation, while critics worry that broad federal preemption could limit states’ ability to require transparency and protect consumers and workers. How this federal-state tension ultimately plays out remains to be seen.

For advertisers, agencies and brands, the immediate takeaway is preparation rather than panic. The New York law does not ban AI in advertising, nor does it require disclosures for every use of AI tools. Instead, it focuses narrowly on transparency when AI is used to create or significantly alter human likenesses. Companies should begin inventorying how AI is used in advertising that runs in New York, evaluating whether any uses could be viewed as creating digital replicas and planning compliance strategies well in advance of the June 2026 effective date.

As regulators and courts continue to define the boundaries of AI use in marketing, this law represents an early but significant step toward clearer disclosure expectations in an increasingly synthetic media environment.