Regulon — NY-A-08962 · NY A 8962-A (FAIR News Act)

Summary

The FAIR News Act imposes obligations on news media employers regarding AI use in the newsroom. It requires employers to disclose to workers when and how generative AI tools are used in content creation, requires consumer-facing labeling of news content substantially created by generative AI (unless the content is eligible for copyright registration), mandates human review of AI-generated news content before publication, prohibits training AI on news workers' work product without notice, consent, and an opportunity to bargain, prohibits displacement of employees through AI adoption, and requires employers of journalists to establish safeguards protecting journalistic sources from AI access. The bill does not specify any enforcement mechanism, designated enforcement authority, or penalties for violations.

Enforcement & Penalties

Enforcement Authority

No enforcement mechanism is specified in the bill. No agency is designated to enforce its provisions, no penalties are established, and no private right of action is created. The bill amends the General Business Law and Civil Rights Law but does not cross-reference any existing enforcement framework or grant any agency rulemaking or investigative authority over these provisions.

Penalties

The bill does not specify any penalties, damages, civil fines, injunctive relief, or other remedies for violations of its provisions.

Who Is Covered

Compliance Obligations 6 obligations · click obligation ID to open requirement page

T-01 AI Identity Disclosure · T-01.1 · Deployer · EmploymentContent Generation

Gen. Bus. Law § 1152

Plain Language

News media employers must fully disclose to their workers when and how any generative AI tool is being used in the workplace for content creation — including writing, recordings, and transcripts. The disclosure must include a description of the AI system and a summary of its purpose and use. This is a worker-facing transparency obligation, not a consumer-facing one. The bill does not specify timing, format, or frequency of the disclosure beyond requiring it be 'full.'

Statutory Text

News media employers shall fully disclose to workers when and how any generative artificial intelligence tool is used in the workplace as it relates to the creation of content, including, but not limited to, writing, recordings and transcripts. Such disclosure shall include a description of the artificial intelligence system and a summary of the purpose and use of such system.

T-02 AI Content Labeling & Provenance · T-02.1 · Deployer · Content Generation

Gen. Bus. Law § 1153

Plain Language

Any news media content that was substantially created using generative AI must carry a conspicuous, human-perceptible label disclosing that fact. For visual content (pages, webpages, images, graphics, video), the label must appear at the top. For audio content, a verbal disclosure must be made at the beginning. However, if the content is eligible for copyright registration, the disclosure requirement does not apply. This exemption is notable because it effectively limits the labeling obligation to content that is not copyrightable — which in practice may narrow the scope significantly, given that many AI-assisted works may qualify for copyright if they involve sufficient human creative input.

Statutory Text

Any news media content published, broadcast, or otherwise disseminated or accessible within the state of New York, which was substantially composed, authored, or otherwise created through the use of generative artificial intelligence shall conspicuously imprint on the top of the page, webpage, image, graphic, video or other visual or audio/visual content, or verbally orate at the onset of audio content, that such content was substantially created by generative artificial intelligence. If the content is eligible for copyright registration such disclosure requirement shall not apply.

H-01 Human Oversight of Automated Decisions · H-01.6 · Deployer · Content Generation

Gen. Bus. Law § 1154

Plain Language

Before any news media content that was created in whole or material part by generative AI may be published, a human worker must review the content and have the authority to approve, deny, or modify it. This is a mandatory human-in-the-loop requirement — the human must have actual override authority, not merely a rubber-stamp role. The provision cross-references the consumer disclosure requirement in § 1153, tying the publication gate to the disclosure obligation. Note that the copyright exemption in § 1153 may create ambiguity about whether this review requirement applies to AI content that is copyright-eligible and therefore exempt from the disclosure.

Statutory Text

Any news media content, including stories, articles, audio, visuals or images, which are created in whole or in material part by generative artificial intelligence shall be reviewed by a human worker who has the authority to approve, deny, or modify any decision recommended or made by the automated system before such content may be published with the disclosure under section eleven hundred fifty-three of this article.

Other · Deployer · EmploymentContent Generation

Gen. Bus. Law § 1155(1)

Plain Language

News media employers may not authorize the training of a generative AI system on a news media worker's work product — whether directly or through a third party — without first providing notice, obtaining consent, and giving the worker an opportunity to bargain over appropriate remuneration. Employers are also prohibited from penalizing workers who decline to consent. This creates both an affirmative consent requirement and an anti-retaliation protection. The bargaining requirement suggests this provision is designed to work in tandem with collective bargaining frameworks.

Statutory Text

News media employers shall not directly or through a third party authorize the training of a generative artificial intelligence system on the work product of a news media worker without notice, consent and an opportunity to bargain over appropriate remuneration. A news media employer shall not penalize a news media worker for declining to consent to allow their work product to be used to train a generative artificial intelligence system.

Other · Deployer · EmploymentContent Generation

Gen. Bus. Law § 1155(2)(a)-(b)

Plain Language

The use of generative AI or automated employment decision-making tools in news media may not diminish existing collective bargaining rights or representational relationships. Additionally, the use of generative AI systems may not result in discharge, displacement, loss of position, partial displacement (including reduced hours, wages, or benefits), impairment of collective bargaining agreements, or transfer of duties and functions previously performed by employees. This is a broad anti-displacement provision that effectively prohibits using AI to replace news media workers or reduce their employment terms. The practical compliance burden is significant — employers must demonstrate that AI adoption does not result in any adverse employment impact.

Statutory Text

2. (a) The use of generative artificial intelligence or automated employment decision-making tools shall not diminish (i) the existing rights of employees pursuant to an existing collective bargaining agreement; or (ii) the existing representational relationships among employee organizations or the bargaining relationships between the employer and an employee organization. (b) The use of generative artificial intelligence systems shall not result in: (i) discharge, displacement or loss of position, including partial displacement such as a reduction in the hours of non-overtime work, wages, or employment benefits, or result in the impairment of existing collective bargaining agreements; or (ii) transfer of existing duties and functions previously performed by employees or workers.

Other · Deployer · EmploymentContent Generation

Civ. Rights Law § 79-h(h)

Plain Language

Employers of professional journalists and newscasters must establish safeguards to prevent AI technology from accessing journalistic sources and confidential materials — including materials gathered through location tracking, surveillance, or other means. This amends the Civil Rights Law's existing journalist shield law (§ 79-h) to add an AI-specific protection layer. The obligation is on employers to implement protective measures, not merely to refrain from disclosing. The bill does not specify what safeguards are sufficient, leaving considerable discretion and compliance ambiguity.

Statutory Text

Employers of professional journalists and newscasters shall establish safeguards to protect journalistic sources and confidential materials gathered through location tracking, surveillance or any other means, which can be accessed by any artificial intelligence technology, as defined by section eleven hundred fifty-one of the general business law.