What is New York’s Synthetic Performer Disclosure Law?

New York moves toward regulating AI-generated advertising by requiring disclosures when advertisements use synthetic performers.

As generative AI tools become increasingly capable of creating realistic human images and videos, lawmakers are beginning to address a new question: should consumers be told when the person they are watching in an advertisement is not actually a person?

New York’s Synthetic Performer Disclosure Law, set to take effect onJune 9, 2026, answers that question with a “yes.”

Senate Bill S8420A (codified as Section 1. Section 396-b of the New York General Business Law) would require advertisers to disclose when a commercial advertisement contains a “synthetic performer” created using artificial intelligence. The bill reflects a growing State legislative trend toward transparency requirements for AI-generated content (rather than outright restrictions on its use.

Senate Bill S8420A modifies an existing New York requirement that

Relationship with Other Laws

The bill expressly states that it does not alter rights that may exist underNew York Civil Rights Law §§ 50, 50-f, or 51, including rights related to name, image, likeness, and digital replicas. It also provides that nothing in the law should be interpreted as expanding or limiting protections available under Section 230 of the Communications Decency Act. 396-b (1)(5&6)

The bill modifies an existing requirement in Section 396-b of New York’s General Business Law, which is already in effect. In essence, Section 396-b is a transparency law designed to ensure that consumers and publishers know who is actually behind a commercial advertisement and to prevent businesses from concealing their identity through misleading advertising practices.

In plain English, the existing law is intended to ensure that publishers can identify who is behind an advertisement. Under the statute, a person engaged in the business of selling property may not place an advertisement that conceals the fact that the advertiser is a dealer. The advertisement must either expressly state that the advertiser is a dealer or make that fact apparent from the context.

The law also requires advertisers to provide truthful identifying information when requested by a newspaper, magazine, radio station, television station, or similar publisher. Likewise, if a person places an advertisement on behalf of another party, the publisher may require disclosure of whether the advertiser is acting as a principal or as an agent.

Any false statement relating to these disclosures constitutes a violation of the statute and is punishable as a misdemeanor.

As a result, the law operates alongside existing publicity rights, consumer protection laws, and platform liability protections rather than replacing them.

Effective Date

If enacted, the law would become effective 180 days after it becomes law (was signed by NY Governor Dec 11, 2025 and it is therefore set to take effect on June 9, 2026.)

Who Is Subject to the Law? (Territorial Scope)

The new requirement was codified under 396-b (1)(3) and applies to any person or business engaged in the sale of property or services that produces or creates commercial advertisements containing synthetic performers.

Unlike some AI laws that regulate AI developers or model providers, this bill focuses on advertisers themselves — the entities creating or commissioning commercial advertising content.

PRACTICE TIP: Organizations using AI-generated actors, spokespersons, influencers, or presenters in advertising campaigns should assume the law applies whenever the advertisement is directed at New York consumers, regardless of whether the AI system itself was developed by a third party.

What Is Regulated? (Material Scope)

The law regulates the use of synthetic performers in commercial advertisements.

To understand the scope of the proposal, it is necessary to examine several key definitions.

• “Synthetic performer” means a digitally created asset created,reproduced, or modified by computer, using generative artificial intelligence or a software algorithm, that is intended to create the impression that the asset is engaging in an audiovisual and/or visual performance of a human performer who is not recognizable as any identifiable natural performer. 396-b (1)(1)(c)
• “Artificial intelligence”, “artificial intelligence technology”, or “AI” means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action. This definition includes but is not limited to systems that use machine learning, large language model, natural language processing, and computer vision technologies, including generative artificial intelligence. 396-b (1)(1)(a)
• “Generative artificial intelligence” means a class of artificial intelligence models that are self-supervised and emulate the structure and characteristics of input data to generate derived synthetic content, including, but not limited to, images, videos, audio, text, and other digital content. 396-b (1)(1)(b)

PRACTICE TIP: The bill adopts a broad definition of artificial intelligence, covering machine-based systems that make predictions, recommendations, or decisions, including technologies such as machine learning, large language models, natural language processing, computer vision, and generative AI. It defines “synthetic performer” as a digitally created, reproduced, or modified asset generated through generative AI or software algorithms that creates the impression of a human performer, but is not recognizable as any identifiable natural person. This definition is notable because it focuses on AI-generated humans who are not intended to represent real individuals. As a result, digital replicas of actual people may fall outside the scope of this bill and may instead implicate New York publicity-rights laws or other legal frameworks.

Individual Rights

The bill is a transparency measure and does not create any individual consumer rights. Unlike comprehensive privacy laws, it does not provide consumers with rights to access, delete, correct, or opt out of the processing of their personal information. Instead, it seeks to promote transparency by requiring advertisers to disclose when a synthetic performer is used in an advertisement, thereby enabling consumers to make more informed judgments about the content they view.

Obligations

The core requirement is straightforward: Businesses that create advertisements using synthetic performers must conspicuously disclose that a synthetic performer appears in the advertisement when they have actual knowledge of its use. 396-b (1)(3)

The disclosure requirement applies regardless of the medium in which the advertisement appears.

PRACTICE TIP: Organizations should consider incorporating AI-content reviews into their advertising approval workflows. Maintaining records demonstrating whether synthetic performers were used may become important if regulators later investigate compliance.

Exceptions

The bill contains several significant exceptions.

• Expressive Works — The law does not apply to advertisements or promotional materials for expressive works — including films, television programs, streaming content, documentaries, video games, and similar audiovisual works — provided the use of the synthetic performer in the advertisement is consistent with its use in the underlying work. 396-b (1)(4)
• Audio Advertisements Audio-only advertisements are excluded. 396-b (1)(7)(a)
• Translation Technologies The law also does not apply when AI is used solely for language translation of a human performer. 396-b (1)(7)©
• Media Platform Safe Harbor — Publishers, broadcasters, streaming services, television networks, cable systems, billboard operators, transit advertisers, and similar media outlets are not liable merely because they disseminate an advertisement that violates the law. 396-b (1)(8)

PRACTICE TIP The platform exemption places compliance responsibility primarily on advertisers and content creators rather than on the media companies distributing advertisements.

Enforcement and Penalties

Violations are subject to civil penalties. A first violation may result in a civil penalty of $1,000. Subsequent violations may result in penalties of $5,000 per violation. 396-b (1)(3)

The bill does not create a private right of action, suggesting that enforcement would likely be carried out by government authorities rather than private litigants.

Conclusion

New York’s Synthetic Performer Disclosure Law is not an AI governance framework in the broad sense.

Instead, it is a targeted advertising transparency law that would:

• Require disclosure of AI-generated synthetic performers in advertisements;
• Establish penalties for non-compliance;
• Create exceptions for expressive works and certain uses of AI;
• Preserve existing publicity-rights and platform-liability frameworks; and
• Signal growing legislative interest in consumer transparency regarding AI-generated content.

For organizations using generative AI in marketing and advertising, the message is increasingly clear: the future may allow synthetic performers, but regulators are likely to require that consumers be told when they are watching one.

Resources

New York Enacts ‘Synthetic Performer’ Disclosure Law for Advertisements, Including Those Using Generative AI (Cooley — January 29, 2026)