AI Frontier Institute

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

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New Jersey S4700, the "AI Image Disclosure Act" (section 1), was introduced October 1, 2026 and referred to the Senate Economic Growth Committee. It has not been enacted. If enacted, it would require "covered providers" (entities that produce publicly accessible generative AI systems in the State, excluding exclusively non-user-generated video game, TV, streaming, movie or interactive products) to put two kinds of disclosures in AI-generated images, video and audio (section 3). (1) A manifest disclosure must identify the content as AI-generated. It must be clear, conspicuous and understandable, and permanent or extraordinarily difficult to remove where technically feasible (section 3a). (2) A latent (invisible/inaudible) disclosure must convey the provider's name, the GenAI system's name and version, and the date and time of creation or alteration. It must be hard to remove, meet or interoperate with widely accepted industry standards, and be easily accessible, including through published instructions and a free extraction tool if necessary (section 3b). Licensing agreements must require licensees to maintain the latent-disclosure capability. Licensees may not remove it. A provider with actual knowledge of a violation must revoke the license within 96 hours, and the licensee must then stop using the system (section 3c). Providers must offer users an optional way to include personal data in the latent disclosure, but only with express consent after a clear notice that the data will be publicly accessible, permanent, and irretractable (section 3d). Section 4 makes it unlawful to make available in New Jersey a tool 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" (platforms with at least five million account holders worldwide) to label machine-readable provenance data indicating AI generation. It also bars them from removing provenance data or digital signatures, and from retaining personal data acquired through provenance data. Penalties are $5,000 per violation, collected by the Attorney General under the Penalty Enforcement Law of 1999 (sections 3e, 4b, 5c). Each day of violation counts separately, and the Attorney General may seek injunctions against licensees (section 3e). The Attorney General may adopt implementing rules (section 6). The act would take effect February 1 of the calendar year after enactment, and section 3 would apply to licensing agreements entered into on or after that date (section 7).

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