Using AI in an ad? You’ve got to disclose it starting this month in New York

Advertisers who use AI-generated synthetic performers must now disclose the use of AI in the state of New York. The new law went into effect earlier this month. (Photo by Kevin Woblick on Unsplash)

June 29, 2026 — One of the nation’s first AI disclosure laws officially went into effect this month in New York. Starting June 9, any advertisement that includes an AI-generated person must include a clear label disclosing the use of a “synthetic performer.”

The state’s synthetic performer disclosure law, signed by Gov. Kathy Hochul late last year, carries a $1,000 fine for a first violation and a $5,000 penalty for every violation thereafter.

“In New York, we are setting the rules of the road instead of letting AI run the show,” Gov. Hochul said. “Requiring simple, honest disclosure when an ad uses synthetic performers protects consumers, respects our creative workforce and keeps New York at the forefront of responsible innovation.”

Synthetic performers are ai-generated

AI-generated synthetic performers are digitally-created media that appear as a real person. AI-generated synthetic performers are sometimes used by advertisers to sell products, and with easy access to technology, there has been an increase in the use of AI-generated performers across all forms of media, including on social media and in digital advertising.

Without notice that the content the public is viewing is not real, AI-generated synthetic performers and manipulated media can undermine one's ability to accurately distill fact from fiction.

protecting local film and TV production

State Sen. Michael Gianaris (D-Queens), the Senate Deputy Leader who sponsored the bill during last year’s legislative session, promoted the measure as a way to protect local jobs in the entertainment industry.

“Film and television production remains an integral part of New York’s economy,” he said, “and that is why New York will continue to lead in protecting the workers who power this industry. As this legislation goes into effect, New York’s performers will be better protected from their likenesses being deceptively replaced by artificial intelligence, and we can hold accountable those who would take advantage of these tools to profit improperly at the expense of the real talent.”

A landmark law for performers

The bill was backed last year by SAG-AFTRA, the national performers union.

Duncan Crabtree-Ireland, SAG-AFTRA National Executive Director and Chief Negotiator, praised the law as a breakthrough in AI safeguards when it was signed by Gov. Hochul last December.

“These protections are the direct result of artists, lawmakers and advocates coming together to confront the very real and immediate risks posed by unchecked AI use,” he said. “By mandating transparency and securing consent, New York has drawn a bright line that puts human creativity, integrity and trust first. This is smart, forward-looking legislation that will have national impact.”

exceptions for audio and expressive works

The new law contains an exemption for “expressive works,” like an ad for a movie or streaming show that uses AI-altered or -generated characters.

It also doesn’t apply to audio advertisements or ads where AI is used for language translation.

What will disclosure look like?

The new law only says that disclosure must be “conspicuous.” There’s no statutory guidance on what a disclosure must say or how it should appear.

In a JD Supra article published earlier today, the legal affairs platform advised advertisers to “consider applying principles from the Federal Trade Commission’s ‘clear and conspicuous’ disclosure standard. The FTC takes the position that these disclosures should be prominent, readily noticeable, and understandable to consumers, taking into account factors such as placement, proximity, size, contrast, and duration.”

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