New York's synthetic performer disclosure law takes effect

New York's synthetic performer law took effect on 9 June 2026. Under the law, advertisers and agencies with actual knowledge that a synthetic performer appears in an advertisement must conspicuously disclose that fact. Penalties are $1,000 for a first violation and $5,000 for subsequent violations.

The statute defines a synthetic performer as 'a digitally created asset created, reproduced, or modified by computer, using generative artificial intelligence or a software algorithm, that is intended to create the impression that the asset is engaging in an audiovisual and/or visual performance of a human performer who is not recognizable as any identifiable natural performer.' The disclosure requirement does not apply to animals, inanimate objects, or digital replicas of real identifiable people. Media platforms and publishers that merely host advertisements are exempt from liability.

Manatt, Phelps & Phillips has a fuller summary for advertisers.