WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
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.
(1)(a) "Synthetic mediaSynthetic media"Synthetic media" means a computer-generated voice, photograph, image, or likeness created or modified through the use of artificial intelligence and intended to produce or reproduce a human voice, photograph, image, or likeness, or a video created or modified through an artificial intelligence algorithm that is created to produce or reproduce a human likeness.Gen. Bus. Law § 396-b(1)(a)" means a computer-generated voice, photograph, image, or likeness created or modified through the use of artificial intelligence and intended to produce or reproduce a human voice, photograph, image, or likeness, or a video created or modified through an artificial intelligence algorithm that is created to produce or reproduce a human likeness.
This subdivision establishes the definition of synthetic media for the purposes of the advertising disclosure requirements. The definition covers computer-generated voices, photographs, images, likenesses, and videos created or modified through artificial intelligence that are intended to produce or reproduce a human voice, photograph, image, or likeness.
(3) 1 Any person engaged in the business of dealing in any property or service who makes, publishes, disseminates, circulates or places before the public or causes, directly or indirectly, to be made, published, disseminated, circulated or placed before the public any advertisement respecting any such property or service, in any medium or media in which such advertisement appears, shall disclose in such advertisement if synthetic mediaSynthetic media"Synthetic media" means a computer-generated voice, photograph, image, or likeness created or modified through the use of artificial intelligence and intended to produce or reproduce a human voice, photograph, image, or likeness, or a video created or modified through an artificial intelligence algorithm that is created to produce or reproduce a human likeness.Gen. Bus. Law § 396-b(1)(a) is in such advertisement.
(3)(a) 2 If synthetic mediaSynthetic media"Synthetic media" means a computer-generated voice, photograph, image, or likeness created or modified through the use of artificial intelligence and intended to produce or reproduce a human voice, photograph, image, or likeness, or a video created or modified through an artificial intelligence algorithm that is created to produce or reproduce a human likeness.Gen. Bus. Law § 396-b(1)(a) has been used in any advertisement under this section to create a model that appears to depict a natural person, such advertisement shall include a disclaimer which clearly states that such models featured in such advertisement are synthetic, do not depict a natural person, and are generated to create a human likeness.
(3)(b) 3 It shall not be a defense to an action under this or any other law that the disclaimer required under paragraph (a) of this subdivision has been included if the synthetic mediaSynthetic media"Synthetic media" means a computer-generated voice, photograph, image, or likeness created or modified through the use of artificial intelligence and intended to produce or reproduce a human voice, photograph, image, or likeness, or a video created or modified through an artificial intelligence algorithm that is created to produce or reproduce a human likeness.Gen. Bus. Law § 396-b(1)(a) depicts a natural person without such natural person's consent.
(3)(c) A violation of this subdivision shall result in a civil penalty of one thousand dollars for a first violation, and five thousand dollars for any subsequent violation.
This subdivision creates the bill's core compliance obligation: any person engaged in the business of dealing in property or services must disclose when synthetic media appears in their advertisements. The disclosure obligation applies regardless of medium. When synthetic media is used to create a model appearing to depict a natural person, the advertisement must include a specific disclaimer stating the models are synthetic, do not depict a natural person, and are generated to create a human likeness.
Critically, the disclaimer defense is unavailable if the synthetic media actually depicts a real natural person without that person's consent — meaning liability persists even with a compliant disclaimer in that circumstance. Violations carry escalating civil penalties: $1,000 for a first violation and $5,000 for subsequent violations.
(4) Nothing in this section shall limit or reduce any rights any person may have under section fifty, fifty-f, or fifty-one of the civil rights law or under any other law.
This subdivision is a savings clause preserving existing rights under the New York Civil Rights Law, including the right of privacy and publicity protections under sections 50, 50-f, and 51. It ensures that the new synthetic media disclosure requirements do not limit or reduce any existing legal protections.
(5) Nothing in this section shall be construed to limit, or to enlarge, the protections that 47 U.S.C. section 230 confers on an interactive computer service for content provided by another information content provider, as such terms are defined in 47 U.S.C. section 230.
This subdivision is a savings clause clarifying that the bill neither limits nor enlarges the protections conferred on interactive computer services under 47 U.S.C. § 230 for content provided by third-party information content providers.
This act shall take effect immediately.
This section provides that the act takes effect immediately upon enactment.