Albany, NY (June 11, 2026)
New York advertisers are now required to clearly alert consumers when an advertisement uses an AI-generated person instead of a real actor or performer.
A new state law that took effect this week requires ads to include a noticeable disclosure when they feature what the law defines as a synthetic performer. The term refers to digitally created media that appears to show a real person, even though the individual was generated through artificial intelligence or similar technology.
The requirement applies broadly to advertisements across different formats, including digital campaigns, social media content, television, print, and other forms of commercial promotion. Businesses that fail to clearly disclose the use of a synthetic performer can face civil penalties of $1,000 for a first violation and $5,000 for additional violations.
State officials say the measure is intended to give consumers greater transparency as AI-generated people become more realistic and more common in advertising. Supporters argue that viewers should be able to tell when a person appearing in an ad is not a real performer and that the law also helps protect creative workers whose jobs could be affected by rapid advances in AI.
The law includes several exemptions. It does not apply to promotional materials for movies, television programs, streaming content, video games, documentaries, or similar creative works when the synthetic performer is part of the actual production. Audio-only advertisements are also excluded, as are ads that use AI only for language translation.
The measure comes as states across the country continue to grapple with how to regulate artificial intelligence in areas such as privacy, employment, media, and public safety. New York has already moved on several AI-related issues, including deepfakes, data collection, and corporate transparency.
The new advertising rule also arrives amid a broader national debate over whether AI oversight should be handled by individual states or primarily by the federal government. For now, New York is moving forward with its own approach, requiring advertisers to be upfront when digital performers are used to sell products or services.