AI Frontier Institute

"AI Image Disclosure Act"; concerns disclosure of certain AI-generated content.

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Assembly Bill 5089 (New Jersey), the "AI Image Disclosure Act," was introduced May 14, 2026 and referred to the Assembly Science, Innovation and Technology Committee. It has not been enacted. If enacted, it would require "covered providers" (entities that produce a publicly accessible generative AI system in New Jersey, excluding exclusively non-user-generated video game, TV, streaming, movie or interactive products) to put two disclosures in AI-generated images, video and audio (section 3). A manifest disclosure must identify the content as AI-generated, be clear and conspicuous, and be permanent or extraordinarily difficult to remove where technically feasible. A latent (invisible/inaudible) disclosure must convey the provider's name, the GenAI system name and version, and the date and time of creation or alteration. It must also be hard to remove, follow widely accepted industry standards, and be easily accessible, with providers publishing instructions and, if needed, a free extraction tool. Licensing agreements must require licensees to maintain latent-disclosure capability. Licensees may not remove it. A provider with actual knowledge of a violation must revoke the license within 96 hours. Providers must offer users an optional, express-consent-based way to include personal data in the latent disclosure, after a notice that it will be publicly accessible, permanent and irretractable (section 3d). Section 4 makes it unlawful to make available in New Jersey tools designed primarily to remove or edit latent disclosures or to add them to content not made with GenAI. Section 5 requires covered social media companies (at least five million account holders worldwide) to label machine-readable provenance data indicating AI generation. They may not strip provenance data or digital signatures, or retain personal data obtained through provenance data. Penalties are $5,000 per violation, collected by the Attorney General (sections 3e, 4b, 5c), with each day a separate violation for providers and licensees. The Attorney General may seek injunctions against licensees, and prevailing plaintiffs get reasonable attorney's costs and fees. Section 6 allows the Attorney General to adopt implementing rules. Under section 7, the act takes effect February 1 of the calendar year after enactment, and section 3 applies to licensing agreements entered into on or after that date.

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