Faux Real: New York’s “Synthetic Performer” Law Goes Into Effect

New Disclosure Requirements for AI-Generated Performers in Advertising

Effective June 9, 2026, New York requires disclaimers where commercial content contains a "synthetic performer," and civil monetary penalties will be imposed for a failure to comply.

What Is New York's Synthetic Performer Law?

The recent amendment to New York's General Business Law Section 396-b applies to any person or entity that makes, publishes, circulates or places publicly any advertisements that contain "synthetic performers."

A "synthetic performer" is defined within the amendment as a digital asset that is created, reproduced or modified by a computer, using generative artificial intelligence (AI) or a software algorithm, that is intended to give 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.

Who Must Comply With the New Law?

Advertisers, defined as any person engaged in the business of dealing with any property or service who for any commercial purpose produces or creates an advertisement respecting any such property or service, are now legally required to "conspicuously disclose" in that advertisement whether any "synthetic performer" was used.

The amendment's Sponsor's Memo explains that the goal is to help the general public recognize when an advertisement in any form of media uses what appears to be a human but is actually a "synthetic performer" generated by AI or a software algorithm.

What Does "Conspicuously Disclose" Mean?

The term "conspicuously disclose" is not defined in the amendment. Therefore, the courts or the legislature will have to provide a definition as time goes on.

A potential point of reference is 16 C.F.R. 255.0(f), which contains the Federal Trade Commission's definition of "clear and conspicuous." It is defined there as "a disclosure [that] is difficult to miss (i.e., easily noticeable) and easily understandable by ordinary consumers."

What Are the Penalties for Violations?

The synthetic performer law carries civil penalties of:

• $1,000 for a first violation
• $5,000 for any subsequent violations

What Exceptions Apply?

The law does not apply to:

1. Advertisements or promotional materials for expressive works, including motion pictures, streaming content and others, provided the use of the synthetic performer in the advertisement is consistent with its use in the underlying expressive work;
2. Audio-only advertisements; and
3. The use of AI in advertisements solely for language translation.

Who Is Liable for Violations?

The law contains a liability carveout for publishers and platforms, including but not limited to newspapers, streaming services and similar entities. Those publishers and platforms will not be held liable for publishing or posting advertisements that violate the law.

Liability remains with the producer or creator of the advertisement.