New York's Synthetic Performer AI Ad Law Takes Effect

New York's synthetic-performer disclosure law took effect June 9, 2026. It amends General Business Law section 396-b to require any business that produces a commercial advertisement to conspicuously disclose, where the business has actual knowledge, that an AI-generated synthetic performer appears in the ad. Governor Kathy Hochul signed it on December 11, 2025.

Information last verified on June 10, 2026. This is a developing story; we update it as the record changes.

Jurisdiction scope: This article addresses the New York synthetic-performer advertising-disclosure duty under General Business Law section 396-b. It does not state the advertising or deepfake law of other states. For New York's broader AI rules, see New York AI laws and regulation; for digital-likeness rules, see New York deepfake and digital-likeness laws.

What Happened

New York's synthetic-performer disclosure requirement became enforceable on June 9, 2026. The Legislature passed it as S.8420-A in the Senate and A.8887-B in the Assembly, and Governor Kathy Hochul signed it on December 11, 2025. The measure amends General Business Law section 396-b, a part of New York's consumer-protection statutes that addresses advertising.

The core duty is narrow and specific. A person engaged in the business of dealing in any property or service who, for a commercial purpose, produces or creates an advertisement in any medium must conspicuously disclose that a synthetic performer is in that advertisement. The duty is triggered only where the advertiser has actual knowledge that a synthetic performer is used, so the statute does not impose a strict-liability obligation to investigate every asset.

Enforcement runs through government authorities rather than private lawsuits. Failure to comply can draw a civil penalty of $1,000 for a first violation and $5,000 for each subsequent violation. The statute does not create a private right of action, which means individual consumers cannot sue advertisers directly under section 396-b.

What the Law Actually Says

The statute defines its central term. A synthetic performer is, in the words of the law, "a digital asset that is created, reproduced, or modified by computer, using generative artificial intelligence or a software algorithm, that is intended to give the impression that the asset is in an audio, audiovisual, and/or visual performance of a human performer when it is not recognizable as any identifiable natural performer."

Two features of that definition matter. First, the asset has to be meant to read as a human performance, so purely abstract or obviously non-human animation falls outside it. Second, the performer must not be recognizable as an identifiable real person. A digital double of a known actor is governed by separate right-of-publicity and digital-replica rules, not by the synthetic-performer disclosure duty, which targets invented humans who do not exist.

The law carves out three categories. It does not apply to audio-only advertisements. It does not apply where AI is used solely to translate the language of a human performer. And it does not apply to advertisements or promotional materials for expressive works, including motion pictures, television programs, streaming content, documentaries, and video games, as long as the synthetic performer's use in the advertisement is consistent with its use in the underlying work.

One open question sits at the center of compliance: the statute does not define conspicuous. It does not prescribe wording, font size, duration, or placement. That leaves advertisers to reason from how courts and regulators have treated conspicuous disclosures in other advertising contexts, and it gives the enforcing authority room to shape expectations over time.

This duty did not arrive alone. New York enacted it alongside companion changes addressing digital replicas of real and deceased performers, part of a broader push to regulate AI-generated likenesses. For how New York treats AI-generated impersonations of actual people, see New York deepfake and digital-likeness laws, and for the wider map, the deepfake and AI voice cloning laws by state hub.

Analysis: Why This Matters

The following is analysis from the Recording Law Editorial Team.

The design choice here is disclosure, not prohibition. New York did not bar advertisers from using AI-generated humans. It required them to say so. That places section 396-b in the same family as ingredient labels and sponsored-content tags: the state is betting that telling consumers when a person on screen is synthetic is enough to address the harm, without restricting the underlying technology. The Governor's office describes the measure as a first-in-the-nation requirement for synthetic performers in advertising.

The actual-knowledge trigger is the load-bearing limit. Because the duty applies only where the advertiser knows a synthetic performer is used, the practical weight falls on the party that commissions or assembles the ad and understands what went into it. That keeps the obligation tethered to knowledge rather than to a duty to audit every supplier, though it also means the harder cases will turn on what an advertiser actually knew.

The undefined word conspicuous is where the early friction is likely to surface. Without a prescribed format, advertisers running campaigns across video, connected television, social platforms, and display will have to make judgment calls about how and where the disclosure appears. We are not predicting how the New York Attorney General will read the term or how any particular disclosure would fare. What is clear is that the question of what counts as conspicuous, and on which screens, is now a live compliance issue for anyone advertising into New York. The broader signal is that states are extending transparency duties from political deepfakes and intimate-image abuse into ordinary consumer advertising, a trend visible in measures like Washington's forged digital likeness law.

How This Affects You

If you are a consumer in New York, the law is meant to put a label on AI-generated people in the ads you see, so that a human-looking spokesperson created entirely by software comes with a disclosure when the advertiser knows it is synthetic. It does not reach audio-only spots, AI language translation of a real performer, or trailers and promos for movies, shows, and games that use the same synthetic character as the work itself.

If you create or place advertising that runs in New York, the threshold questions are whether an asset meets the synthetic-performer definition, whether you have actual knowledge it is synthetic, and how you will make a disclosure that a regulator would treat as conspicuous on each medium you use. These are general descriptions of how the statute is structured, not advice about any specific campaign. A close read of the enacted text and guidance from a New York-licensed lawyer is the right step where the stakes warrant it, because enforcement runs through state authorities and the penalties accrue per violation.

This is general legal information, not legal advice. It covers New York General Business Law section 396-b as enacted and reflects sources verified on June 10, 2026. Laws change and this story is developing; consult a lawyer licensed in your jurisdiction about your specific situation.

Related articles

• New York deepfake and digital-likeness laws
• Deepfake and AI voice cloning laws by state
• New York AI laws and regulation
• Washington's forged digital likeness law (SSB 5886)

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Last updated: 2026-06-10. This is a developing story; details verified as of June 10, 2026.