New York's synthetic performer ad disclosure law, explained

The short version

• Anyone who produces or creates an ad for a product or service must conspicuously disclose that it includes a "synthetic performer," if they have actual knowledge of it.
• Penalties are $1,000 for a first violation and $5,000 for each later one.
• The law (N.Y. General Business Law § 396-b, Chapter 617 of 2025) took effect June 9, 2026.

What the law does

A "synthetic performer" is a digitally created asset, made or modified with generative AI or a software algorithm, intended to create the impression of a human performer who is not recognizable as any identifiable real person. In other words, an AI "actor" who is not based on anyone real. The disclosure duty applies to ads in any medium.

Who it protects

Consumers, who get to know when a "person" in an ad isn't real, and human performers whose work competes with AI-generated ones.

What it means for you

Brands and agencies: Add a clear, conspicuous disclosure to any New York ad with an AI-generated person. The statute doesn't prescribe exact wording or placement.

Actors: The law makes AI stand-ins visible. It doesn't ban them.

What it doesn't do

• It doesn't cover digital replicas of real, recognizable people. Those fall under other laws, such as New York Civil Rights Law §§ 50, 50-f and 51.
• It exempts audio-only ads, uses of AI solely to translate a human performer's language, and promotions for expressive works like films, TV, streaming and video games where the synthetic use matches the work.
• Media outlets that only publish or carry the ads aren't covered.
• The statute sets civil penalties. It doesn't create a private right to sue.

Status and key dates

• December 11, 2025: Signed by Governor Hochul (S.8420-A/A.8887-B).
• June 9, 2026: In effect.

Frequently asked questions

Do I have to disclose AI models in ads in New York? Yes, if the ad includes an AI-generated human who isn't a recognizable real person and you have actual knowledge of it, unless an exemption applies.

What is the penalty for not disclosing a synthetic performer? $1,000 for a first violation and $5,000 for each later violation.

What you can do

• Build a disclosure step into ad approval for any AI-generated people.
• Keep records of which assets in an ad were AI-generated.

Royall helps you keep a record of what you have and haven't consented to.

Sources

• N.Y. General Business Law § 396-b: https://www.nysenate.gov/legislation/laws/GBS/396-B
• S.8420-A (2025), bill page: https://www.nysenate.gov/legislation/bills/2025/S8420/amendment/A
• New York Governor's office, "First-in-the-nation law ... is in effect" (June 9, 2026): https://www.governor.ny.gov/news/governor-hochul-announces-first-nation-law-requiring-disclosure-when-advertisements-include-ai

Last verified: 2026-09-27

This is general information, not legal advice.