New York, NY – Today, Assemblymember Linda B. Rosenthal (D/WF – Manhattan), Chair of the Assembly Committee on Housing, announced that her first-in-the-nation legislation, which requires disclosure to consumers when synthetic performers, or deepfakes, are used in commercial advertisements, was signed into law. Deputy Majority Leader Gianaris is the sponsor of the law in the State Senate.

Deepfakes are a form of synthetic media that is created or modified using artificial intelligence to mimic the appearance of a real person, despite being a digitally made character. Through this technology, photos and videos can be easily manipulated to impersonate a real person or it can be used to create the likeness of a new character. In many cases, the characters are so convincing that the average viewer does not recognize that it is not a real person. Under the new law, producers and creators of advertisements must disclose the use of any deepfakes, alerting viewers through a watermark or other notice that the performer featured is digitally created and not a real person. Advertisers who fail to disclose the use of synthetic performers will face fines of $1,000 for the first violation and $5,000 for subsequent violations. 

“As artificial intelligence continues to evolve, New Yorkers, and Americans in general, are struggling to distinguish fact from fiction,” said Assemblymember Linda B. Rosenthal (D/WF–Manhattan). “Ads that use synthetic media, or deepfakes, play tricks on a viewer’s mind – it erodes people’s trust in the media and warps our shared reality, making it easier to spread misinformation and manipulate emotions. I am relieved that after introducing the bill in 2021, New Yorkers will finally have another tool to determine whether they're looking at a real person or not.”

In recent years, an increasing number of companies have deployed computer-generated actors in traditional advertisements and on social media platforms. Not only does the proliferation of synthetic performers cost jobs, it tricks consumers into believing that the person marketing a particular product or service is real. Some travel companies have begun to advertise using AI-avatars in place of real humans. These avatars, which are generally young women, promote certain travel destinations and airlines to their followers on social media platforms. In turn, customers are fooled into relying on rely on their recommendations when booking travel without ever realizing that it was a digitally created advertisement. 

According to a study conducted in 2024 by Utah Valley University, approximately 56% of Americans cannot not tell the difference between a deepfake and a real human being on social media. Another study conducted by iProov in 2025 revealed an even more concerning trend; over 60% of respondents said they are extremely confident in their abilities to detect deepfakes, even when their guesses were wrong. Reality should not be a guessing game – adding a disclaimer on deepfake ads is a victory for media literacy and for all New Yorkers.

The law takes effect in June 2026 and does not apply to advertisements or promotional materials for shows, movies, video games or other expressive works that feature animated characters or similar synthetic performers, nor does it apply to audio-only advertisements.

“In addition to manipulating reality, deepfake advertisements are robbing New Yorkers of good paying jobs during an affordability crisis,” said Assemblymember Rosenthal. “Synthetic advertisements significantly reduce production costs, however, that comes with a hefty price tag – the elimination of professional actors, video editors and animators. We must continue to shine a light on the erasure of certain professions as a result of deepfake technology.”