New York's New Law on AI "Synthetic Performers" in Advertising: What Legal Teams Need to Do Now
On December 11, 2025, New York enacted SB-8420A regulating the use of AI-generated "synthetic performers" in advertising-digital media that appears as a real person. The Governor's office underscored the concern: manipulated media can blur the line between fact and fiction.
Core Requirement: Conspicuous Disclosure
If an advertisement uses a synthetic performer, the ad must conspicuously disclose that fact. The statute does not specify exact wording, format, or placement.
- Use clear, plain language. Example: "This ad includes an AI-generated synthetic performer."
- Place the disclosure where viewers won't miss it (on-screen and adjacent to the asset for digital; near the image in print/OOH).
- For video, keep the label on-screen long enough to read; consider audio disclosure if the ad relies on spoken performance.
- Document how your team defines "conspicuous" across channels and keep screenshots/stills as proof.
Civil Penalties
Penalties are $1,000 for a first violation and $5,000 for subsequent violations. Treat each ad or placement as a potential separate exposure unless guidance clarifies otherwise.
Exemptions and Exclusions
- Ads or promotional materials for expressive works (e.g., films, TV, streaming content, video games) are exempt if the ad's use of a synthetic performer aligns with its use in the work itself.
- Audio-only advertisements are excluded.
- Using AI solely for language translation of a human performer is not covered.
Key Definitions and Practical Boundaries
"Synthetic performer" covers AI-generated media that looks like a real person. Think photorealistic digital humans, AI-driven face or body doubles, or composite avatars meant to be perceived as real. Stylized animation may fall outside that line, but assess intent and presentation-how would a reasonable viewer perceive it?
Compliance Checklist (Start Now)
- Inventory: Map every ad unit where AI touches faces, bodies, or voices that appear human-like.
- Criteria: Create a written standard for what your org considers a "synthetic performer" and when a disclosure triggers.
- Label Library: Approve short disclosure text and media-specific placements (CTV/TV, social, display, OOH, print, retail media).
- Creative Specs: Update brand/creative guidelines with disclosure placement, size, contrast, duration, and proximity rules.
- Contracts: Add vendor and agency reps/warranties about synthetic performer use, disclosure implementation, and indemnities.
- Workflows: Add a disclosure check to pre-flight reviews and trafficking; tag assets in DAM/CM systems for auditability.
- Influencers/UGC: Require disclosure when creators use synthetic performers in brand content; provide templated language.
- Training: Brief marketing, creative, media buyers, and legal reviewers; maintain records of approvals and evidence of disclosure.
- Monitoring: Spot-check live placements and keep time-stamped captures as compliance proof.
- Escalation: Define who decides edge cases (e.g., partial AI edits, heavy retouching vs. synthetic actor).
Open Questions to Track
- What will regulators consider "conspicuous" across different formats and screen sizes?
- How will "violation" be counted (per ad, per impression, per campaign, or per placement)?
- Geographic scope: How the law treats nationwide campaigns that reach New York audiences.
- Platform responsibility: Expectations for ad platforms vs. advertisers vs. agencies.
Effective Date and Timeline
The law takes effect June 9, 2026. That gives a short runway to align creative, media, and vendor ops. Build the standard now, test it in production, and be ready to scale.
Action Items for Legal Counsel
- Issue a policy defining "synthetic performer" and disclosure rules; align with marketing and compliance.
- Standardize disclosures and keep a defensible record of decisions, samples, and training.
- Amend MSAs/SOWs to require disclosure compliance and evidence on request.
- Review existing campaigns that will still be live on or after June 9, 2026, and plan updates.
If your teams need structured upskilling on AI use in content and advertising, consider curated learning paths by role: AI courses by job.
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