New York requires AI-generated ad people to be disclosed as synthetic performers

New York ads that use AI-generated people now have to disclose that they feature a synthetic performer, giving the state a new test case for how far consumer transparency can reach in commercial speech. The rule took effect Tuesday, June 9, 2026, after Gov. Kathy Hochul signed it on December 11, 2025, and her office described it as the first law of its kind in the nation.

The measure amends New York General Business Law section 396-b and applies to advertisements in any medium. It defines synthetic performers as digitally created media that appear to be real people, a definition meant to capture ads built around lifelike avatars, digital spokespeople and other AI-generated likenesses that can blur the line for viewers.

The law is not a blanket ban on synthetic media. It excludes ads for movies, television shows, streaming content, video games and other works when synthetic performers are part of the work itself. It also does not cover audio advertising or ads that use AI only for translation, leaving a narrower field of paid marketing where disclosure is now required.

Enforcement gives brands a direct financial reason to get the label right. Companies that fail to conspicuously disclose the use of a synthetic performer face a $1,000 penalty for a first violation and $5,000 for each additional violation. That penalty structure is likely to reshape ad production in practice, pushing brands, agencies and influencers to build disclosure checks into creative approval, trafficking and compliance reviews before a campaign goes live in New York.

Hochul framed the law as a guardrail for a market moving faster than its disclosure rules. She said the state was setting “the rules of the road instead of letting AI run the show,” and argued the requirement protects consumers, respects creative workers and keeps New York at the forefront of responsible innovation.

The law also reflects the tension between those goals and the advertising industry’s concerns. The 4As, the best-known advertising trade group, said the bill could inject confusion into the ad process and undermine creative and technological innovation. Other industry groups said amendments added exemptions, but still warned that the definition of a synthetic performer remained too broad.

New York paired the synthetic-performer bill with a separate law signed the same day requiring consent from heirs or executors before using a deceased person’s name, image or likeness for commercial purposes. Together, the measures put Albany at the center of a national fight over deepfakes, publicity rights and whether disclosure can still help consumers tell synthetic endorsers from real ones.