New York Synthetic Performer Disclosure Law (2026)

Who this law covers

This law covers anyone producing an advertisement that reaches New York consumers and features a synthetic performer. Your company's location does not matter. If you advertise on social media, search engines, streaming platforms, or any other channel that reaches New York, you must comply.

A synthetic performer is defined as a digitally created asset intended to create the impression that the asset is engaging in an audiovisual or visual performance of a human performer who is not recognizable as an actual person. In practical terms, this means an AI-generated video, image, or avatar that looks like a human performing an action or speaking.

The law does not cover certain situations. The law includes an exemption for audio-only advertisements. Advertisements using AI solely for language translation are also exempt. Additionally, ads for creative works like films, TV programs, and video games are exempt if the synthetic performer use in the ad matches what actually appears in the work. Finally, the law does not apply to advertising media platforms themselves, such as newspapers, TV stations, or streaming services that are displaying ads from other advertisers.

What it actually requires

The core requirement is simple: include a conspicuous disclosure that a synthetic performer was used. The law requires the disclosure to be conspicuous but does not define that term or specify font size, contrast, placement, or duration requirements.

The disclosure must clearly identify the presence of the synthetic performer. Courts interpreting 'conspicuous' in advertising contexts typically expect disclosures that viewers are reasonably likely to see or notice, rather than text hidden in fine print or data disclosures. For a video ad, on-screen text or a spoken callout are common approaches. For a static image, text placed prominently near the synthetic performer is typical. The exact wording is not prescribed by the law.

The requirement applies only to advertisements where the advertiser has actual knowledge that a synthetic performer is being used. If you genuinely did not know an asset was AI-generated, the law may not apply, but you should verify this carefully and make reasonable efforts to know what you are using.

Deadlines and penalties

The law became effective on June 9, 2026, exactly 180 days after the Governor signed it on December 11, 2025. Any advertisements featuring synthetic performers displayed on or after June 9, 2026 must comply.

Violations are civil penalties, not criminal charges. The first violation for failing to disclose a synthetic performer results in a $1,000 penalty. Each subsequent violation results in a $5,000 penalty per violation. These penalties can accumulate if multiple advertisements violate the law.

How to comply in practice

Step one is to identify whether you are using synthetic performers. If you generate video, images, or audio of human-like characters using AI tools, you are using synthetic performers. Review your ad creative honestly.

Step two is to add a disclosure to the ad itself. This disclosure should be visible or audible to the person viewing the ad. The disclosure must identify that a synthetic performer was used. On video platforms, you might add text overlay, such as 'This ad features an AI-generated performer.' On social media images or carousels, add text directly to the image stating that a synthetic performer was used. On platforms that support it, you can also include spoken callouts.

Step three is to make sure the disclosure is conspicuous. Consider whether an average viewer would notice it in the context where your ad appears. If you place text in a corner in small font, or if you embed audio callouts so quietly they are barely audible, courts may find the disclosure was not conspicuous.

Common misconceptions

Misconception: 'I only have to disclose synthetic performers if my company is based in New York.' Correction: The law applies based on where the ad is displayed, not where your company is located. If your ad reaches New York consumers on any platform, you must comply, even if you operate from another state or country.

Misconception: 'Editing a real person's photo or video to make them look better means I have to disclose it as a synthetic performer.' Correction: The law applies to synthetic performers, which are entirely AI-created assets intended to look like human performances. Minor edits to a real person's existing media, such as retouching skin or adjusting colors, do not trigger the disclosure requirement. The boundary between minor editing and a fully synthetic performer can be fact-specific; when in doubt, consult legal counsel.

Misconception: 'I can disclose the synthetic performer in fine print or in my terms and conditions.' Correction: The law requires a conspicuous disclosure in the advertisement itself. Hiding the disclosure in legal documents or metadata is not sufficient.

Misconception: 'If I use a synthetic performer in an ad for a film or game, I always have to disclose it.' Correction: Ads for creative works like movies, TV shows, and video games are exempt if the synthetic performer use in the ad matches what actually appears in the work itself. If your ad shows what's genuinely in the film, no disclosure is required.

Frequently asked questions

Sources

• New York Senate bill S.8420-A