New York’s new synthetic performer disclosure law is now in effect, requiring advertisements that use AI-generated human-like performers to clearly label that use for audiences.
The law, signed by Governor Kathy Hochul in December and effective June 9, 2026, applies to advertisements distributed in New York that feature a “synthetic performer.” Under the state law, that means digitally created media that appears to be a real person but is not recognizable as a specific natural person.
That distinction matters. The rule is aimed at fictional AI-generated people in ads, not necessarily a digital replica of a named actor. New York has separate right-of-publicity rules for some uses of real people’s likenesses, including deceased performers. This law is more about whether audiences are being shown a synthetic person without being told.
Ads covered by the law must “conspicuously disclose” the use of a synthetic performer. Violations can bring a civil penalty of $1,000 for a first offense and $5,000 for subsequent offenses, according to the bill summary and AP’s report on the law taking effect.
There are important carve-outs. AP reports that the law does not apply to audio-only advertisements, ads where AI is used solely for language translation, or ads for movies, television shows, streaming content, video games and other works that themselves feature synthetic performers. That helps limit the rule, but it also means lawyers and traffic teams now get to enjoy another round of “does this count?” before a campaign goes live.
For media companies, the practical issue is workflow. Agencies, brands, broadcasters, streamers and digital platforms will need to know whether synthetic performers appear in the ads they create, receive, approve or distribute in New York, and whether the disclosure is prominent enough to satisfy the rule.
The law is also another sign that AI advertising is moving from novelty into compliance. Synthetic talent may make some campaigns cheaper, faster or easier to version, but it also adds questions around disclosure, rights, approvals and audience trust. The production team may generate the performer; someone else still has to prove the ad was safe to run.