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 Any political communication, regardless of whether such communication is considered a substantial or nominal expenditure, that uses an image or video footage that was generated in whole or in part with the use of artificial intelligence, as defined by the state board of elections, shall be required to disclose that artificial intelligence was used in such communication in accordance with paragraphs (b), (c), and (d) of this subdivision. Any failure to disclose such information shall result in a fine equal to the amount expended on such communication.
(b) 1 For printed or digital political communications, including but not limited to brochures, flyers, posters, mailings, or internet advertising, the disclosure required under paragraph (a) of this subdivision shall be printed or typed in an appropriate legible form to read as follows: "This communication was generated using artificial intelligence".
(c) 1 For non-printed and non-digital political communications, the disclosure required under paragraph (a) of this subdivision shall clearly and prominently display and/or verbally communicate the following statement: "This communication was generated using artificial intelligence".
(d) 1 For political communications that are not visual, such as radio or automated telephone calls, the disclosure required under paragraph (a) of this subdivision shall clearly verbally communicate the following statement: "This communication was generated using artificial intelligence".
This new subdivision requires any political communication that uses AI-generated images or video footage to include a verbatim disclosure statement: "This communication was generated using artificial intelligence." The obligation applies regardless of expenditure amount — both substantial and nominal expenditures are covered. The disclosure format varies by medium: legible printed or typed text for print and digital communications, prominent visual display and/or verbal communication for non-printed/non-digital communications, and clear verbal communication for audio-only formats such as radio ads or robocalls.
The enforcement mechanism is a fine equal to the amount expended on the non-compliant communication. Notably, the definition of artificial intelligence is deferred entirely to the State Board of Elections under § 2 of the bill, meaning the operative scope of the disclosure requirement depends on future rulemaking.
(19) 2 issue instructions and promulgate rules and regulations relating to: (a) criteria for determining whether a political communication contains an image or video footage created through generative artificial intelligence; and (b) a definition of content generated by artificial intelligence that considers current and future uses of artificial intelligence and similar technologies that have a high risk for use in creating and spreading misinformation or disinformation about candidates, elections, and issues of concern to the state of New York.
This provision directs the State Board of Elections to issue rules and regulations addressing two subjects: criteria for determining whether a political communication contains AI-generated imagery or video, and a forward-looking definition of AI-generated content that accounts for current and future technologies with high misinformation risk. This rulemaking authority is essential because the disclosure obligation in § 14-106(5) depends on a definition of artificial intelligence that the Board has yet to promulgate.
The rulemaking provision takes effect 120 days after the act becomes law, providing a window for the Board to begin the regulatory process before the operative disclosure obligations attach.
This act shall take effect immediately; provided, however, that the provisions of section two of this act shall take effect on the one hundred twentieth day after it shall have become a law.
The act takes effect immediately upon enactment, except for the State Board of Elections rulemaking authority under § 2, which takes effect 120 days after the act becomes law. This staging gives the Board a lead time to begin promulgating the AI definition and identification criteria before the disclosure obligation becomes fully operative.