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 Senate Bill 1228-C amends Section 396-b of the General Business Law to require that advertisements conspicuously disclose when a 'synthetic performer' is used. A synthetic performer is defined as a digitally created asset produced, reproduced, or modified by computer using generative artificial intelligence or a software algorithm, intended to give the impression of a human performer who is not recognizable as any identifiable natural person. Under the new subdivision 3, any person engaged in dealing in property or services who, with actual knowledge, includes a synthetic performer in a commercial advertisement must clearly disclose that fact in the advertisement. First-time violations carry a civil penalty of $1,000, with subsequent violations subject to a $5,000 penalty. The bill includes exemptions: subdivision 4 excludes advertisements and promotional materials for expressive works such as motion pictures, television programs, streaming content, documentaries, and video games, provided the synthetic performer's use in the ad is consistent with its use in the underlying work. Subdivision 5 preserves any existing rights under Sections 50, 50-f, and 51 of the Civil Rights Law, and subdivision 6 preserves Section 230 protections for interactive computer services. The bill takes effect immediately upon enactment.

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