Blab AI
New York Enforces Disclosure Law for AI-Generated Human Ads
On June 9 2026, New York became the first state to require that any advertisement featuring a digitally created human must clearly identify the use of a synthetic performer. The law, signed by Governor Kathy Hochul in December 2025, applies to all media, including television, radio, print, and online ads. Advertisers who fail to disclose a synthetic performer face a civil penalty of $1,000 for the first violation and $5,000 for subsequent violations.
Synthetic performers are defined in the statute as “digitally‑created media that appear as a real person.” The definition covers any human‑like digital asset produced by a software algorithm, whether or not the algorithm is an artificial‑intelligence model. The law requires that the disclosure be conspicuous, meaning it must be visible and understandable to the average viewer.
The legislation includes carve‑outs that exempt certain types of content. Ads that promote movies, television shows, streaming services, video games, or other works in which synthetic performers appear throughout the entire piece are not subject to the disclosure requirement. Audio‑only advertisements and ads that use AI solely for language translation are also exempt.
Industry groups voiced opposition during the bill’s passage. The American Association of Advertising Agencies (4As) released a statement arguing that the law would create “compliance uncertainty” and burden brands and agencies that advertise in New York. The New York State Broadcasters Association noted that while it appreciated the carve‑outs, it remained concerned about the broad definition of a synthetic performer. The association’s president, David Donovan, said local broadcast stations were preparing to comply.
SAG‑AFTRA, the actors’ union, was the most vocal supporter. The union’s recent contract with studios and streaming platforms includes provisions that protect human actors from being replaced by synthetic performers. The union’s endorsement of the law was cited by Governor Hochul as evidence that the legislation aligns with the interests of performers.
The law joins a growing list of state‑level regulations aimed at increasing transparency around AI‑generated content. Several other states have enacted rules that restrict deepfakes, limit the collection of personal data, or require disclosure of synthetic media. The New York law is the first to focus specifically on advertising.
In a related federal development, President Donald Trump signed an executive order in December 2025 urging states not to regulate AI. The order was criticized by civil‑rights groups and industry analysts who argued that it could allow unchecked use of synthetic media. The order’s language suggests that a patchwork of state regulations could impede AI companies’ growth and give foreign competitors an advantage.
The practical impact of the law will be felt by agencies and brands that use generative‑AI tools to create human‑like characters for marketing campaigns. Compliance will require new review processes to identify synthetic performers and to add the required disclosure. The penalties provide a financial incentive to ensure that ads meet the new standard.
As of the law’s effective date, New York agencies and advertisers are preparing to adjust their creative pipelines. The state’s Department of Consumer Protection has issued guidance on what constitutes a conspicuous disclosure. The law’s enforcement will begin in the first quarter of 2027, giving companies time to align their practices.
The legislation represents a significant step toward clearer consumer protection in the rapidly evolving AI advertising landscape. Whether it will spur similar rules in other states remains to be seen, but it sets a precedent for how governments can regulate synthetic media in commercial contexts.
Synthetic performers are defined in the statute as “digitally‑created media that appear as a real person.” The definition covers any human‑like digital asset produced by a software algorithm, whether or not the algorithm is an artificial‑intelligence model. The law requires that the disclosure be conspicuous, meaning it must be visible and understandable to the average viewer.
The legislation includes carve‑outs that exempt certain types of content. Ads that promote movies, television shows, streaming services, video games, or other works in which synthetic performers appear throughout the entire piece are not subject to the disclosure requirement. Audio‑only advertisements and ads that use AI solely for language translation are also exempt.
Industry groups voiced opposition during the bill’s passage. The American Association of Advertising Agencies (4As) released a statement arguing that the law would create “compliance uncertainty” and burden brands and agencies that advertise in New York. The New York State Broadcasters Association noted that while it appreciated the carve‑outs, it remained concerned about the broad definition of a synthetic performer. The association’s president, David Donovan, said local broadcast stations were preparing to comply.
SAG‑AFTRA, the actors’ union, was the most vocal supporter. The union’s recent contract with studios and streaming platforms includes provisions that protect human actors from being replaced by synthetic performers. The union’s endorsement of the law was cited by Governor Hochul as evidence that the legislation aligns with the interests of performers.
The law joins a growing list of state‑level regulations aimed at increasing transparency around AI‑generated content. Several other states have enacted rules that restrict deepfakes, limit the collection of personal data, or require disclosure of synthetic media. The New York law is the first to focus specifically on advertising.
In a related federal development, President Donald Trump signed an executive order in December 2025 urging states not to regulate AI. The order was criticized by civil‑rights groups and industry analysts who argued that it could allow unchecked use of synthetic media. The order’s language suggests that a patchwork of state regulations could impede AI companies’ growth and give foreign competitors an advantage.
The practical impact of the law will be felt by agencies and brands that use generative‑AI tools to create human‑like characters for marketing campaigns. Compliance will require new review processes to identify synthetic performers and to add the required disclosure. The penalties provide a financial incentive to ensure that ads meet the new standard.
As of the law’s effective date, New York agencies and advertisers are preparing to adjust their creative pipelines. The state’s Department of Consumer Protection has issued guidance on what constitutes a conspicuous disclosure. The law’s enforcement will begin in the first quarter of 2027, giving companies time to align their practices.
The legislation represents a significant step toward clearer consumer protection in the rapidly evolving AI advertising landscape. Whether it will spur similar rules in other states remains to be seen, but it sets a precedent for how governments can regulate synthetic media in commercial contexts.
