AI Frontier Institute

Requires advertisements to disclose the use of a synthetic performer; imposes a $1,000 civil penalty for a first violation and a $5,000 penalty for any subsequent violation.

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New York Assembly Bill 8887-B amends Section 396-b of the General Business Law to require that any person engaged in dealing property or services who produces or creates a commercial advertisement must conspicuously disclose when a 'synthetic performer' appears in that advertisement, provided the person has actual knowledge of the synthetic performer's use. A 'synthetic performer' is defined as a digitally created asset generated or modified by computer using generative AI or a software algorithm that creates the impression of a human performer who is not recognizable as any identifiable natural performer. Civil penalties for violations are set at $1,000 for a first offense and $5,000 for subsequent violations (Section 396-b, subdivision 3). The bill defines 'artificial intelligence,' 'generative artificial intelligence,' and 'synthetic performer' in subdivision 1. Exemptions include: advertisements and promotional materials for expressive works such as motion pictures, television programs, streaming content, documentaries, and video games where synthetic performer use is consistent with the expressive work (subdivision 4); audio-only advertisements and advertisements where AI is used solely for language translation of a human performer (subdivision 7); and advertising media outlets such as newspapers, magazines, television networks, and streaming services that merely publish or disseminate violating advertisements (subdivision 8). The bill preserves existing rights under New York Civil Rights Law sections 50, 50-f, and 51, and does not affect Section 230 protections for interactive computer services (subdivisions 5 and 6). The act takes effect 180 days after becoming law.

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