Assembly Passes Legislation to Require Additional Disclosure for Use of Artificial Intelligence in Advertising

Speaker Carl Heastie and Assemblymember Linda B. Rosenthal announced the passage of a bill that requires advertisers to disclose the use of a synthetic performer created using artificial intelligence (AI) (A.8887-B, Rosenthal).

“With the surge of AI usage, it’s important we’re taking steps to protect consumers who may be swayed by false advertising,” said Speaker Heastie. “By penalizing advertisers for using synthetic performers without disclosing their usage, we’re making the market fairer and protecting the interests of New Yorkers.”

“Deepfake images are spreading like wildfire, making it harder and harder for people to discern which images and videos feature a real person versus synthetic media,” said Assemblymember Rosenthal. “AI-generated content is also becoming more common in advertising, often without our knowledge. Once this first-in-the-nation measure is signed into law, my legislation will empower consumers by ensuring that disclaimers are placed on advertisements featuring synthetic performers. I want to thank Speaker Heastie and my colleagues in the Assembly Majority for recognizing the urgent need for such disclosure in our increasingly digital world.”

This bill will impose a civil penalty on companies or individuals found using a synthetic performer for advertising purposes with a $1,000 penalty for the first violation and $5,000 for any subsequent violations.