WHAT THIS BILL REGULATES · 3 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 person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait, picture, likeness, or voice of any living person without having first obtained the written consent of such person, or if a minor of such minor's parent or guardian, is guilty of a misdemeanor.
This section extends New York's longstanding misdemeanor prohibition on the unauthorized commercial use of a living person's identity. The amendment adds likeness and voice to the existing protections covering name, portrait, and picture, thereby capturing AI-generated voice clones and digitized likenesses used for advertising or trade without written consent.
2 Any person whose name, portrait, picture, likeness or voice is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained as above provided may maintain an equitable action in the supreme court of this state against the person, firm or corporation so using such person's name, portrait, picture, likeness or voice, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use and if the defendant shall have knowingly used such person's name, portrait, picture, likeness or voice in such manner as is forbidden or declared to be unlawful by section fifty of this article, the jury, in its discretion, may award exemplary damages.
This section extends the existing private cause of action under § 51 to cover unauthorized use of a person's likeness (in addition to name, portrait, picture, and voice) for advertising or trade. The amendment ensures that AI-generated likenesses are actionable under the same equitable and damages framework — including exemplary damages for knowing violations — that has long applied to other identity attributes.
(1), (4), (5), (11) 3 Any person depicted in a still or video image, including an image created or altered by digitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d), regardless of whether or not the original still or video image was consensually obtained, shall have a cause of action against an individual who, for the purpose of harassing, annoying or alarming such person, disseminated or published, or threatened to disseminate or publish, such still or video image, where such image: [existing elements unchanged]. ... 4. Any person depicted in a still or video image, including an image created or altered by digitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d), that depicts an unclothed or exposed intimate part of such person, or such person engaging in sexual conduct ... may maintain an action or special proceeding for a court order to require any website that is subject to personal jurisdiction under subdivision five of this section to permanently remove such still or video image ... 5. a. Any website that hosts or transmits a still or video image, including an image created or altered by digitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d), viewable in this state ... 11. For purposes of this section, "digitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d)" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.
This section amends the existing revenge-porn cause of action to expressly cover images created or altered by digitization, including AI-generated deepfake intimate imagery. The amendments ensure that digitally fabricated intimate images are actionable on the same terms as photographs taken without consent, including the website-takedown mechanism and personal jurisdiction provisions.
(1)–(2) 4 1. For the purposes of this section: a. "depicted individualDepicted individual"depicted individual" means an individual whose picture, portrait or voice appears in digitally-altered material in a realistic manner.Civil Rights Law § 50-h(1)(a)" means an individual whose picture, portrait or voice appears in digitally-altered materialDigitally-altered material"digitally-altered material" means any audio or visual media, including any photograph, film, videotape, audio recording or similar medium that has been created or altered in a realistic manner using digitization.Civil Rights Law § 50-h(1)(e) in a realistic manner. b. "actor" means a human being or a legal entity. c. "individual" means a natural individual. d. "digitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d)" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction. e. "digitally-altered materialDigitally-altered material"digitally-altered material" means any audio or visual media, including any photograph, film, videotape, audio recording or similar medium that has been created or altered in a realistic manner using digitization.Civil Rights Law § 50-h(1)(e)" means any audio or visual media, including any photograph, film, videotape, audio recording or similar medium that has been created or altered in a realistic manner using digitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d). 2. a. A depicted individualDepicted individual"depicted individual" means an individual whose picture, portrait or voice appears in digitally-altered material in a realistic manner.Civil Rights Law § 50-h(1)(a) shall have a cause of action against an actor who discloses, disseminates, or publishes digitally-altered materialDigitally-altered material"digitally-altered material" means any audio or visual media, including any photograph, film, videotape, audio recording or similar medium that has been created or altered in a realistic manner using digitization.Civil Rights Law § 50-h(1)(e) that contains a false statement or representation which places such individual in a false light, if: i. the false light in which the depicted individualDepicted individual"depicted individual" means an individual whose picture, portrait or voice appears in digitally-altered material in a realistic manner.Civil Rights Law § 50-h(1)(a) was placed would be highly offensive to a reasonable person; and ii. (A) where the depicted individualDepicted individual"depicted individual" means an individual whose picture, portrait or voice appears in digitally-altered material in a realistic manner.Civil Rights Law § 50-h(1)(a) is a private person, the actor knew or in the exercise of reasonable care should have known of the falsity of such digitally-altered materialDigitally-altered material"digitally-altered material" means any audio or visual media, including any photograph, film, videotape, audio recording or similar medium that has been created or altered in a realistic manner using digitization.Civil Rights Law § 50-h(1)(e); or (B) where the depicted individualDepicted individual"depicted individual" means an individual whose picture, portrait or voice appears in digitally-altered material in a realistic manner.Civil Rights Law § 50-h(1)(a) is a public figure, the actor had knowledge of or acted with reckless disregard as to the falsity of such digitally-altered materialDigitally-altered material"digitally-altered material" means any audio or visual media, including any photograph, film, videotape, audio recording or similar medium that has been created or altered in a realistic manner using digitization.Civil Rights Law § 50-h(1)(e). b. It shall not be a defense to an action under this section that there is a disclaimer that the digitally-altered materialDigitally-altered material"digitally-altered material" means any audio or visual media, including any photograph, film, videotape, audio recording or similar medium that has been created or altered in a realistic manner using digitization.Civil Rights Law § 50-h(1)(e) that places the depicted individualDepicted individual"depicted individual" means an individual whose picture, portrait or voice appears in digitally-altered material in a realistic manner.Civil Rights Law § 50-h(1)(a) in a false light was unauthorized or that the depicted individualDepicted individual"depicted individual" means an individual whose picture, portrait or voice appears in digitally-altered material in a realistic manner.Civil Rights Law § 50-h(1)(a) did not participate in the creation or development of the digitally-altered materialDigitally-altered material"digitally-altered material" means any audio or visual media, including any photograph, film, videotape, audio recording or similar medium that has been created or altered in a realistic manner using digitization.Civil Rights Law § 50-h(1)(e).
(3)–(8) 3. A cause of action under this section shall be commenced the later of either: a. three years after the disclosure, dissemination or publication of the digitally-altered materialDigitally-altered material"digitally-altered material" means any audio or visual media, including any photograph, film, videotape, audio recording or similar medium that has been created or altered in a realistic manner using digitization.Civil Rights Law § 50-h(1)(e) that places the depicted individualDepicted individual"depicted individual" means an individual whose picture, portrait or voice appears in digitally-altered material in a realistic manner.Civil Rights Law § 50-h(1)(a) in a false light; b. one year from the date a person discovers, or reasonably should have discovered, the disclosure, dissemination or publication of such digitally-altered materialDigitally-altered material"digitally-altered material" means any audio or visual media, including any photograph, film, videotape, audio recording or similar medium that has been created or altered in a realistic manner using digitization.Civil Rights Law § 50-h(1)(e) that places the depicted individualDepicted individual"depicted individual" means an individual whose picture, portrait or voice appears in digitally-altered material in a realistic manner.Civil Rights Law § 50-h(1)(a) in a false light. 4. In any action commenced pursuant to this section, the finder of fact, in its discretion, may award injunctive relief, punitive damages, compensatory damages and reasonable court costs and attorneys' fees. 5. Nothing in this section shall be read to require a prior criminal complaint, prosecution or conviction to establish the elements of the cause of action provided for in this section. 6. The provisions of this section including the remedies are in addition to, and shall not supersede, any other rights or remedies available in law or equity. 7. If any provision of this section or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. 8. Nothing in this section shall be construed to limit, or to enlarge, the protections that 47 U.S.C. § 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. § 230.
This is an entirely new cause of action for false-light invasion of privacy involving digitally-altered material — i.e., AI-generated deepfakes that place a depicted individual in a false light. The section creates a private right of action with injunctive relief, compensatory damages, punitive damages, and attorney's fees. It applies a negligence standard for private persons and an actual-malice standard for public figures, consistent with constitutional requirements. A disclaimer that the material was unauthorized is not a defense. The statute of limitations is three years from publication or one year from discovery, whichever is later.
§ 10.00(23) "DigitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d)" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.
§ 15.30 A person is not relieved of criminal liability for conduct because it involves the use of digitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d), regardless of whether the material created or altered by digitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d) indicates through a label or some other form of information published that digitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d) was used. Evidence of use of digitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d) may be offered whenever it is relevant to establish or negative the crime charged.
These provisions establish the foundational criminal-law framework for Part MM Subpart B. Section 10.00(23) defines digitization for the entire Penal Law as the use of software, machine learning, artificial intelligence, or other computer-generated means to create or alter realistic depictions. Section 15.30 establishes that a person is not relieved of criminal liability merely because their conduct involved the use of digitization — including where the output is labeled as digitized. These are definitional and interpretive provisions that create no independent compliance obligation.
(1)(a)–(b) 5 1. A person is guilty of unlawful dissemination or publication of an intimate image or audio record when: (a) (i) with intent to cause harm to the emotional, financial or physical welfare of another person, they intentionally disseminate or publish a still or video image depicting such other person with one or more intimate parts exposed or engaging in obscene or sexual conduct, including an image created or altered by digitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d), where such person may reasonably be identified from the still or video image itself or from information displayed in connection with the still or video image; and (ii) the actor knew or reasonably should have known that the person depicted did not consent to such dissemination or publication, including the dissemination or publication of an image taken with the consent of the person depicted when such person had a reasonable expectation that the image would remain private, regardless of whether the actor was present when such image was taken; or (b) (i) with intent to cause harm to the emotional, financial or physical welfare of another person, they intentionally disseminate or publish an audio record depicting such other person engaging in sexual or obscene conduct, including an audio record created or altered by digitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d), where such person may reasonably be identified from the audio record itself or from information displayed in connection with the audio record; and (ii) the actor knew or reasonably should have known that the person depicted did not consent to such dissemination or publication, including the dissemination or publication of an audio record taken with the consent of the person depicted when such person had a reasonable expectation that the audio record would remain private, regardless of whether the actor was present when such audio record was taken.
This section expands the existing criminal prohibition on non-consensual intimate imagery to cover audio records and content created or altered by digitization. The amendment adds a new parallel offense for disseminating intimate audio records (including AI-generated voice deepfakes) depicting a person engaging in sexual or obscene conduct. Both the image and audio offenses require intent to cause harm and knowledge (or constructive knowledge) that the depicted person did not consent. The offense is a class A misdemeanor. Section 230 protections are expressly preserved.
(1)–(4) 6 1. A person is guilty of unlawful dissemination or publication of a fabricated photographic, videographic, or audio recordFabricated photographic, videographic, or audio record"Fabricated photographic, videographic, or audio record" or "fabricated record" shall mean a still image, video or audio record that: (i) exhibits a high level of authenticity or convincing appearance that is visually or audibly indistinguishable from reality; (ii) is either manipulated or entirely artificial, including but not limited to, manipulation through digitization; and (iii) depicts a scenario that did not actually occur or that has been altered in a significant way from how it actually occurred.Penal Law § 245.20(2)(b) when, with intent to cause harm to the liberty or emotional, social, financial or physical welfare of an identifiable person or persons, the actor intentionally creates or causes to be created a fabricated record of such person or persons and disseminates or publishes such record of such person or persons without such person or persons' consent. 2. For purposes of this section: (a) "Identifiable" shall mean the ability to discern an individual's identity either through the fabricated record itself or from information displayed in connection with the fabricated record; (b) "Fabricated photographic, videographic, or audio recordFabricated photographic, videographic, or audio record"Fabricated photographic, videographic, or audio record" or "fabricated record" shall mean a still image, video or audio record that: (i) exhibits a high level of authenticity or convincing appearance that is visually or audibly indistinguishable from reality; (ii) is either manipulated or entirely artificial, including but not limited to, manipulation through digitization; and (iii) depicts a scenario that did not actually occur or that has been altered in a significant way from how it actually occurred.Penal Law § 245.20(2)(b)" or "fabricated record" shall mean a still image, video or audio record that: (i) exhibits a high level of authenticity or convincing appearance that is visually or audibly indistinguishable from reality; (ii) is either manipulated or entirely artificial, including but not limited to, manipulation through digitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d); and (iii) depicts a scenario that did not actually occur or that has been altered in a significant way from how it actually occurred; and (c) "Disseminate" and "publish" shall have the same meanings as defined in section 250.40 of this title. 3. This section shall not apply to the following: (a) Dissemination or publication of a fabricated record by a person who did not create the fabricated record or cause the fabricated record to be created, whether or not such person is aware of the authenticity of the record; (b)–(j) [exemptions for law enforcement, satire/parody/artistic expression, news reporting, self-defense, historical preservation, training/education, memorialization, scientific research, and platform intermediaries]. 4. Nothing in this section shall be construed to limit, or to enlarge, the protections that 47 U.S.C. § 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. § 230. Unlawful dissemination or publication of a fabricated photographic, videographic, or audio recordFabricated photographic, videographic, or audio record"Fabricated photographic, videographic, or audio record" or "fabricated record" shall mean a still image, video or audio record that: (i) exhibits a high level of authenticity or convincing appearance that is visually or audibly indistinguishable from reality; (ii) is either manipulated or entirely artificial, including but not limited to, manipulation through digitization; and (iii) depicts a scenario that did not actually occur or that has been altered in a significant way from how it actually occurred.Penal Law § 245.20(2)(b) is a class A misdemeanor.
This is an entirely new criminal offense targeting the creation and dissemination of fabricated records — AI-generated deepfakes that are visually or audibly indistinguishable from reality and depict scenarios that did not occur. The offense requires (1) intent to cause harm to the liberty or emotional, social, financial, or physical welfare of an identifiable person, (2) intentional creation or causation of creation of the fabricated record, and (3) dissemination without consent. The statute includes broad exemptions for persons who did not create the record, law enforcement, satire/parody, news reporting, artistic expression, self-defense, historical preservation, training/education, memorialization of deceased persons, scientific research, and platform intermediaries. Section 230 is preserved. Class A misdemeanor.
§§ 190.25, 190.26 7 As used in this section, "impersonate" and "pretend" shall include, but not be limited to, instances involving the use of digitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d). [Added to both § 190.25 (criminal impersonation in the second degree, class A misdemeanor) and § 190.26 (criminal impersonation in the first degree, class E felony)]
§§ 190.78–190.80-a 7 A person is guilty of identity theft [in the third/second/first degree / aggravated identity theft] when such person knowingly and with intent to defraud assumes the identity of another person, including with the use of digitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d), by presenting themself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby: [existing elements unchanged].
These amendments extend existing criminal impersonation and identity theft offenses to expressly cover conduct involving digitization. For impersonation (§§ 190.25–190.26), the amendments add that 'impersonate' and 'pretend' include instances involving the use of digitization. For identity theft (§§ 190.78–190.80-a) and aggravated identity theft, the amendments add 'including with the use of digitization' to the operative element of assuming another person's identity. These changes ensure that AI-generated voice cloning, face-swapping, and similar digital impersonation techniques fall within existing criminal offenses.
§§ 263.10, 263.11, 263.15, 263.16 8 [Each section amended to add:] including a performance created or altered by digitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d).
These amendments extend existing criminal prohibitions on child sexual exploitation to expressly cover performances created or altered by digitization. The amendments add 'including a performance created or altered by digitization' to the offenses of promoting an obscene sexual performance by a child (§ 263.10, class D felony), possessing an obscene sexual performance by a child (§ 263.11, class E felony), promoting a sexual performance by a child (§ 263.15, class D felony), and possessing a sexual performance by a child (§ 263.16, class E felony). This ensures that AI-generated CSAM is covered by existing criminal law.
9 [A person is guilty of coercion in the third degree when such person] compels or induces a person to produce, disseminate, or otherwise display an image or images or audio record or records depicting nudity of such person, depicting such person engaged in sexual conduct as defined in subdivisions two and three of section 235.20 of this chapter, or depicting such other person engaged in conduct that is obscene as defined in section 235.00 of this part, including when such material is created or altered by digitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d), by means of instilling in such other person a fear that, if the demand is not complied with, the actor or another will: [existing enumerated threats].
This section extends the coercion offense to cover compelling a person to produce, disseminate, or display audio records in addition to images, and to cover material created or altered by digitization, including AI-generated content depicting nudity, sexual conduct, or obscene conduct.
(5)(a)–(b) 10 For purposes of this subdivision: (i) "DigitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d)" means use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction. (ii) "Deceptive mediaDeceptive media"Deceptive media" means any video recording, motion picture, film, audio recording, electronic image, photograph, text, or any technological representation of speech or conduct fully or partially created or modified through digitization that: (1) exhibits a high level of authenticity or convincing appearance that is visually or audibly indistinguishable from reality; and (2) depicts a scenario that did not actually occur or that has been altered in a significant way from how they actually occurred.Election Law § 14-106(5)(a)(ii)" means any video recording, motion picture, film, audio recording, electronic image, photograph, text, or any technological representation of speech or conduct fully or partially created or modified through digitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d) that: (1) exhibits a high level of authenticity or convincing appearance that is visually or audibly indistinguishable from reality; and (2) depicts a scenario that did not actually occur or that has been altered in a significant way from how they actually occurred. (b) (i) A person, firm, association, corporation, campaign, committee, or organization that with the intent to unduly influence the outcome of an election or deceive a voter, knowingly distributes or publishes within sixty days of an election any political communication that was produced by or includes digitized deceptive mediaDeceptive media"Deceptive media" means any video recording, motion picture, film, audio recording, electronic image, photograph, text, or any technological representation of speech or conduct fully or partially created or modified through digitization that: (1) exhibits a high level of authenticity or convincing appearance that is visually or audibly indistinguishable from reality; and (2) depicts a scenario that did not actually occur or that has been altered in a significant way from how they actually occurred.Election Law § 14-106(5)(a)(ii) shall be required to disclose the use of such digitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d). (ii) (1) For visual media the disclosure shall be printed or typed in an appropriate legible font size consistent with other text appearing in the visual media and in the same language used on the communication to read as follows: "this political communication was created with the assistance of digitizationDigitization"Digitization" means the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.Civil Rights Law § 50-h(1)(d)". (2) For communication that is auditory, such as radio or automated telephone calls, clearly speaking the statement at the beginning of the audio in the same language used in the communication satisfies the requirements of clause one of this subparagraph. (iii) This paragraph shall not apply to the following: (1) deceptive mediaDeceptive media"Deceptive media" means any video recording, motion picture, film, audio recording, electronic image, photograph, text, or any technological representation of speech or conduct fully or partially created or modified through digitization that: (1) exhibits a high level of authenticity or convincing appearance that is visually or audibly indistinguishable from reality; and (2) depicts a scenario that did not actually occur or that has been altered in a significant way from how they actually occurred.Election Law § 14-106(5)(a)(ii) that constitutes satire or parody; (2) deceptive mediaDeceptive media"Deceptive media" means any video recording, motion picture, film, audio recording, electronic image, photograph, text, or any technological representation of speech or conduct fully or partially created or modified through digitization that: (1) exhibits a high level of authenticity or convincing appearance that is visually or audibly indistinguishable from reality; and (2) depicts a scenario that did not actually occur or that has been altered in a significant way from how they actually occurred.Election Law § 14-106(5)(a)(ii) created for the purposes of news reporting; or (3) initial dissemination by a platform or service including, but not limited to, a website, regularly published newspaper, or magazine.
(5)(c) 10 A registered voter may seek injunctive or other equitable relief prohibiting the distribution, publication, or broadcasting of any deceptive mediaDeceptive media"Deceptive media" means any video recording, motion picture, film, audio recording, electronic image, photograph, text, or any technological representation of speech or conduct fully or partially created or modified through digitization that: (1) exhibits a high level of authenticity or convincing appearance that is visually or audibly indistinguishable from reality; and (2) depicts a scenario that did not actually occur or that has been altered in a significant way from how they actually occurred.Election Law § 14-106(5)(a)(ii) in violation of this subdivision. An action under this paragraph shall be initiated by filing an application for order to show cause in the supreme court where the voter resides. (ii) A candidate whose voice or likeness appears in deceptive mediaDeceptive media"Deceptive media" means any video recording, motion picture, film, audio recording, electronic image, photograph, text, or any technological representation of speech or conduct fully or partially created or modified through digitization that: (1) exhibits a high level of authenticity or convincing appearance that is visually or audibly indistinguishable from reality; and (2) depicts a scenario that did not actually occur or that has been altered in a significant way from how they actually occurred.Election Law § 14-106(5)(a)(ii) in violation of this subdivision may seek injunctive relief or other equitable relief prohibiting the distribution, publication or broadcasting of any deceptive mediaDeceptive media"Deceptive media" means any video recording, motion picture, film, audio recording, electronic image, photograph, text, or any technological representation of speech or conduct fully or partially created or modified through digitization that: (1) exhibits a high level of authenticity or convincing appearance that is visually or audibly indistinguishable from reality; and (2) depicts a scenario that did not actually occur or that has been altered in a significant way from how they actually occurred.Election Law § 14-106(5)(a)(ii) in violation of this subdivision. An action under this paragraph shall be initiated by filing an application for an order to show cause in the supreme court where the deceptive mediaDeceptive media"Deceptive media" means any video recording, motion picture, film, audio recording, electronic image, photograph, text, or any technological representation of speech or conduct fully or partially created or modified through digitization that: (1) exhibits a high level of authenticity or convincing appearance that is visually or audibly indistinguishable from reality; and (2) depicts a scenario that did not actually occur or that has been altered in a significant way from how they actually occurred.Election Law § 14-106(5)(a)(ii) at issue could deceive and influence electors in an upcoming election. (iii) This paragraph shall not be construed to limit or preclude a plaintiff from pursuing or recovering any other available remedy.
This section requires disclosure when deceptive media — AI-generated or digitized content that is indistinguishable from reality and depicts events that did not occur — is used in political communications distributed within 60 days of an election. The disclosure must state 'this political communication was created with the assistance of digitization' in an appropriate legible font (for visual media) or be spoken at the beginning of audio communications. Exemptions apply for satire/parody, news reporting, and initial platform dissemination. Registered voters may seek injunctive relief, and candidates depicted in deceptive media may seek equitable relief, both initiated by order to show cause in supreme court.