WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)(1)–(2) The Legislature finds and declares as follows: (1) Consumers have a substantial interest in knowing when an advertisementAdvertisement"Advertisement" means any video or audiovisual message, statement, audiovisual recording, digital communication, or other representation disseminated in any manner or by any means, including through online platforms, that is intended to induce, or that is reasonably expected to induce, the purchase of goods or services, as described in Section 17500. "Advertisement" does not include an audio-only advertisement.Bus. & Prof. Code § 17610(a)(1) uses a synthetic digital performer in a manner that could reasonably be interpreted as a human performance. (2) Requiring a factual disclosure regarding the use of a synthetic performerSynthetic performer"Synthetic performer" means a human-like digital figure, voice, or representation created in whole or in part using artificial intelligence, machine learning, or computational techniques, that creates the impression that the asset is engaging in an audiovisual or visual performance of a human performer who is not recognizable as any identifiable natural performer.Bus. & Prof. Code § 17610(a)(4) is necessary to prevent deceptive or misleading advertising practices.
(b) It is the intent of the Legislature that the disclosure required by this act is a purely factual commercial disclosure consistent with constitutional protections for commercial speech.
Section 1 sets out the Legislature's findings that consumers have a substantial interest in knowing when an advertisement uses a synthetic digital performer in a manner that could reasonably be interpreted as a human performance. The section expressly characterizes the required disclosure as a purely factual commercial disclosure consistent with First Amendment protections for commercial speech — a framing designed to satisfy the Zauderer standard for compelled commercial speech.
(a)(1)–(4) For purposes of this section, the following definitions apply: (1) "AdvertisementAdvertisement"Advertisement" means any video or audiovisual message, statement, audiovisual recording, digital communication, or other representation disseminated in any manner or by any means, including through online platforms, that is intended to induce, or that is reasonably expected to induce, the purchase of goods or services, as described in Section 17500. "Advertisement" does not include an audio-only advertisement.Bus. & Prof. Code § 17610(a)(1)" means any video or audiovisual message, statement, audiovisual recording, digital communication, or other representation disseminated in any manner or by any means, including through online platforms, that is intended to induce, or that is reasonably expected to induce, the purchase of goods or services, as described in Section 17500. "AdvertisementAdvertisement"Advertisement" means any video or audiovisual message, statement, audiovisual recording, digital communication, or other representation disseminated in any manner or by any means, including through online platforms, that is intended to induce, or that is reasonably expected to induce, the purchase of goods or services, as described in Section 17500. "Advertisement" does not include an audio-only advertisement.Bus. & Prof. Code § 17610(a)(1)" does not include an audio-only advertisementAdvertisement"Advertisement" means any video or audiovisual message, statement, audiovisual recording, digital communication, or other representation disseminated in any manner or by any means, including through online platforms, that is intended to induce, or that is reasonably expected to induce, the purchase of goods or services, as described in Section 17500. "Advertisement" does not include an audio-only advertisement.Bus. & Prof. Code § 17610(a)(1). (2) "Advertising mediumAdvertising medium"Advertising medium" means any broadcast station, cable operator, multichannel video programming distributor, online platform, streaming service, digital advertising network, publisher, or other person or entity that distributes, displays, transmits, or makes available an audiovisual advertisement to consumers in this state.Bus. & Prof. Code § 17610(a)(2)" means any broadcast station, cable operator, multichannel video programming distributor, online platform, streaming service, digital advertising network, publisher, or other person or entity that distributes, displays, transmits, or makes available an audiovisual advertisementAdvertisement"Advertisement" means any video or audiovisual message, statement, audiovisual recording, digital communication, or other representation disseminated in any manner or by any means, including through online platforms, that is intended to induce, or that is reasonably expected to induce, the purchase of goods or services, as described in Section 17500. "Advertisement" does not include an audio-only advertisement.Bus. & Prof. Code § 17610(a)(1) to consumers in this state. (3) "Clear and conspicuous disclosureClear and conspicuous disclosure"Clear and conspicuous disclosure" means a disclosure that is difficult to miss, easily understandable, and presented in a manner that a reasonable consumer would notice, read, and comprehend, taking into account the medium, format, and context in which the advertisement appears.Bus. & Prof. Code § 17610(a)(3)" means a disclosure that is difficult to miss, easily understandable, and presented in a manner that a reasonable consumer would notice, read, and comprehend, taking into account the medium, format, and context in which the advertisementAdvertisement"Advertisement" means any video or audiovisual message, statement, audiovisual recording, digital communication, or other representation disseminated in any manner or by any means, including through online platforms, that is intended to induce, or that is reasonably expected to induce, the purchase of goods or services, as described in Section 17500. "Advertisement" does not include an audio-only advertisement.Bus. & Prof. Code § 17610(a)(1) appears. (4) "Synthetic performerSynthetic performer"Synthetic performer" means a human-like digital figure, voice, or representation created in whole or in part using artificial intelligence, machine learning, or computational techniques, that creates the impression that the asset is engaging in an audiovisual or visual performance of a human performer who is not recognizable as any identifiable natural performer.Bus. & Prof. Code § 17610(a)(4)" means a human-like digital figure, voice, or representation created in whole or in part using artificial intelligence, machine learning, or computational techniques, that creates the impression that the asset is engaging in an audiovisual or visual performance of a human performer who is not recognizable as any identifiable natural performer.
(b)–(c)(1)–(3) 1 It is unlawful for any person to create and cause to be published in an advertising mediumAdvertising medium"Advertising medium" means any broadcast station, cable operator, multichannel video programming distributor, online platform, streaming service, digital advertising network, publisher, or other person or entity that distributes, displays, transmits, or makes available an audiovisual advertisement to consumers in this state.Bus. & Prof. Code § 17610(a)(2) an advertisementAdvertisement"Advertisement" means any video or audiovisual message, statement, audiovisual recording, digital communication, or other representation disseminated in any manner or by any means, including through online platforms, that is intended to induce, or that is reasonably expected to induce, the purchase of goods or services, as described in Section 17500. "Advertisement" does not include an audio-only advertisement.Bus. & Prof. Code § 17610(a)(1) that includes a synthetic performerSynthetic performer"Synthetic performer" means a human-like digital figure, voice, or representation created in whole or in part using artificial intelligence, machine learning, or computational techniques, that creates the impression that the asset is engaging in an audiovisual or visual performance of a human performer who is not recognizable as any identifiable natural performer.Bus. & Prof. Code § 17610(a)(4) without a clear and conspicuous disclosureClear and conspicuous disclosure"Clear and conspicuous disclosure" means a disclosure that is difficult to miss, easily understandable, and presented in a manner that a reasonable consumer would notice, read, and comprehend, taking into account the medium, format, and context in which the advertisement appears.Bus. & Prof. Code § 17610(a)(3) that the performer is synthetic. (c) A disclosure required by this section shall, at a minimum, satisfy all of the following: (1) Appear in close proximity to the synthetic performerSynthetic performer"Synthetic performer" means a human-like digital figure, voice, or representation created in whole or in part using artificial intelligence, machine learning, or computational techniques, that creates the impression that the asset is engaging in an audiovisual or visual performance of a human performer who is not recognizable as any identifiable natural performer.Bus. & Prof. Code § 17610(a)(4). (2) Be presented in a manner and duration sufficient for a reasonable consumer to understand that the performer is not a real human being. (3) Use wording substantially similar to "this performance features a synthetic digital performer," or "no human performer is depicted."
(d)(1)–(5) Nothing in this section shall be construed to do any of the following: (1) Restrict or prohibit the creation, distribution, or exhibition of synthetic content. (2) Regulate the expressive or informational content of an advertisementAdvertisement"Advertisement" means any video or audiovisual message, statement, audiovisual recording, digital communication, or other representation disseminated in any manner or by any means, including through online platforms, that is intended to induce, or that is reasonably expected to induce, the purchase of goods or services, as described in Section 17500. "Advertisement" does not include an audio-only advertisement.Bus. & Prof. Code § 17610(a)(1), except to require the factual disclosure described in subdivision (b). (3) Affect or limit any rights or remedies available under Section 17200 or 17500 or any other law concerning deceptive, unfair, or misleading business practices. (4) Apply to advertisementsAdvertisement"Advertisement" means any video or audiovisual message, statement, audiovisual recording, digital communication, or other representation disseminated in any manner or by any means, including through online platforms, that is intended to induce, or that is reasonably expected to induce, the purchase of goods or services, as described in Section 17500. "Advertisement" does not include an audio-only advertisement.Bus. & Prof. Code § 17610(a)(1) for expressive works, including, but not limited to, motion pictures, television programs, streaming content, documentaries, video games, or other similar audiovisual works, provided that the use of a synthetic performerSynthetic performer"Synthetic performer" means a human-like digital figure, voice, or representation created in whole or in part using artificial intelligence, machine learning, or computational techniques, that creates the impression that the asset is engaging in an audiovisual or visual performance of a human performer who is not recognizable as any identifiable natural performer.Bus. & Prof. Code § 17610(a)(4) in the advertisementAdvertisement"Advertisement" means any video or audiovisual message, statement, audiovisual recording, digital communication, or other representation disseminated in any manner or by any means, including through online platforms, that is intended to induce, or that is reasonably expected to induce, the purchase of goods or services, as described in Section 17500. "Advertisement" does not include an audio-only advertisement.Bus. & Prof. Code § 17610(a)(1) or promotional material is consistent with its use in the expressive work. (5) Apply to an advertisementAdvertisement"Advertisement" means any video or audiovisual message, statement, audiovisual recording, digital communication, or other representation disseminated in any manner or by any means, including through online platforms, that is intended to induce, or that is reasonably expected to induce, the purchase of goods or services, as described in Section 17500. "Advertisement" does not include an audio-only advertisement.Bus. & Prof. Code § 17610(a)(1) in which the use of the artificial intelligence solely involves the language translation of a human performer.
(e)(1)–(2) 2 An advertising mediumAdvertising medium"Advertising medium" means any broadcast station, cable operator, multichannel video programming distributor, online platform, streaming service, digital advertising network, publisher, or other person or entity that distributes, displays, transmits, or makes available an audiovisual advertisement to consumers in this state.Bus. & Prof. Code § 17610(a)(2) shall not transmit, distribute, display, air, or otherwise make available an advertisementAdvertisement"Advertisement" means any video or audiovisual message, statement, audiovisual recording, digital communication, or other representation disseminated in any manner or by any means, including through online platforms, that is intended to induce, or that is reasonably expected to induce, the purchase of goods or services, as described in Section 17500. "Advertisement" does not include an audio-only advertisement.Bus. & Prof. Code § 17610(a)(1) containing a synthetic performerSynthetic performer"Synthetic performer" means a human-like digital figure, voice, or representation created in whole or in part using artificial intelligence, machine learning, or computational techniques, that creates the impression that the asset is engaging in an audiovisual or visual performance of a human performer who is not recognizable as any identifiable natural performer.Bus. & Prof. Code § 17610(a)(4) if both of the following conditions are met: (A) A court of competent jurisdiction has issued an order finding that the advertisementAdvertisement"Advertisement" means any video or audiovisual message, statement, audiovisual recording, digital communication, or other representation disseminated in any manner or by any means, including through online platforms, that is intended to induce, or that is reasonably expected to induce, the purchase of goods or services, as described in Section 17500. "Advertisement" does not include an audio-only advertisement.Bus. & Prof. Code § 17610(a)(1) violates this chapter or enjoining the creator from publishing the advertisementAdvertisement"Advertisement" means any video or audiovisual message, statement, audiovisual recording, digital communication, or other representation disseminated in any manner or by any means, including through online platforms, that is intended to induce, or that is reasonably expected to induce, the purchase of goods or services, as described in Section 17500. "Advertisement" does not include an audio-only advertisement.Bus. & Prof. Code § 17610(a)(1), including, but not limited to, an injunction issued under Section 527 of the Code of Civil Procedure. (B) The advertising mediumAdvertising medium"Advertising medium" means any broadcast station, cable operator, multichannel video programming distributor, online platform, streaming service, digital advertising network, publisher, or other person or entity that distributes, displays, transmits, or makes available an audiovisual advertisement to consumers in this state.Bus. & Prof. Code § 17610(a)(2) is served with the order and information reasonably sufficient to identify the advertisementAdvertisement"Advertisement" means any video or audiovisual message, statement, audiovisual recording, digital communication, or other representation disseminated in any manner or by any means, including through online platforms, that is intended to induce, or that is reasonably expected to induce, the purchase of goods or services, as described in Section 17500. "Advertisement" does not include an audio-only advertisement.Bus. & Prof. Code § 17610(a)(1). (2) Upon receipt of an order described in subparagraph (A) of paragraph (1), the advertising mediumAdvertising medium"Advertising medium" means any broadcast station, cable operator, multichannel video programming distributor, online platform, streaming service, digital advertising network, publisher, or other person or entity that distributes, displays, transmits, or makes available an audiovisual advertisement to consumers in this state.Bus. & Prof. Code § 17610(a)(2) shall, as soon as commercially reasonable and technically feasible, do both of the following: (A) Remove, disable access to, or cease further dissemination of the advertisementAdvertisement"Advertisement" means any video or audiovisual message, statement, audiovisual recording, digital communication, or other representation disseminated in any manner or by any means, including through online platforms, that is intended to induce, or that is reasonably expected to induce, the purchase of goods or services, as described in Section 17500. "Advertisement" does not include an audio-only advertisement.Bus. & Prof. Code § 17610(a)(1) on the advertising mediumAdvertising medium"Advertising medium" means any broadcast station, cable operator, multichannel video programming distributor, online platform, streaming service, digital advertising network, publisher, or other person or entity that distributes, displays, transmits, or makes available an audiovisual advertisement to consumers in this state.Bus. & Prof. Code § 17610(a)(2) in this state. (B) Cease accepting payment for further dissemination of the advertisementAdvertisement"Advertisement" means any video or audiovisual message, statement, audiovisual recording, digital communication, or other representation disseminated in any manner or by any means, including through online platforms, that is intended to induce, or that is reasonably expected to induce, the purchase of goods or services, as described in Section 17500. "Advertisement" does not include an audio-only advertisement.Bus. & Prof. Code § 17610(a)(1).
(f) A violation of this section constitutes a violation of Section 17500 and may be enforced pursuant to Chapter 5 (commencing with Section 17200) of Part 2.
(g) The requirements of this section are severable. If any provision or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
Section 17610 is the operative core of the bill. Subdivision (b) creates the primary prohibition: any person who creates and causes to be published in an advertising medium an advertisement that includes a synthetic performer must include a clear and conspicuous disclosure. Subdivision (c) specifies minimum disclosure requirements — proximity to the synthetic performer, sufficient duration, and prescribed wording. Subdivision (d) carves out expressive works, AI-based language translation, and clarifies the bill does not restrict creation of synthetic content or limit existing UCL/false advertising remedies.
Subdivision (e) creates a secondary obligation on advertising media: once served with a court order finding an advertisement violates the statute, the medium must remove the advertisement and cease accepting payment for its further dissemination as soon as commercially reasonable and technically feasible. This court-order prerequisite insulates advertising media from liability absent judicial determination. Subdivision (f) ties violations to the existing § 17500 misdemeanor and UCL enforcement framework.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
Section 3 is the standard state-mandated local program reimbursement disclaimer. Because the bill creates a new crime (expanding the scope of § 17500 misdemeanor violations), local agencies may incur costs. This provision disclaims reimbursement under the California Constitution Article XIII B, § 6, relying on the Government Code § 17556 exemption for bills that create or modify crimes.