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.
§ 50 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.
§ 51 1 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.
Subpart A, Sections 1 and 2 amend the existing Civil Rights Law right-of-publicity provisions to add likeness and voice as protected attributes alongside name, portrait, and picture. This extends the misdemeanor prohibition in § 50 and the private right of action in § 51 to cover AI-generated replicas of a person's likeness or voice used for advertising or trade purposes without written consent.
(1), (4), (5), (11) 2 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 § 52-b(11); Penal Law § 10.00(23); Election Law § 14-106(5)(a)(i), 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... 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 § 52-b(11); Penal Law § 10.00(23); Election Law § 14-106(5)(a)(i)" 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.
Subpart A, Section 3 amends § 52-b to extend existing causes of action for non-consensual dissemination of intimate images to cover images created or altered by digitization. This captures AI-generated deepfake intimate imagery. The amendments apply to the harassment-based cause of action (subd. 1), the court-order removal mechanism (subd. 4), and the personal-jurisdiction provision for websites hosting such images (subd. 5). A new subdivision 11 defines 'digitization' for purposes of this section.
§ 52-c(1)(b) "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 § 52-b(11); Penal Law § 10.00(23); Election Law § 14-106(5)(a)(i)" means to realistically depict the nude body parts of another human being as the nude body parts of 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), computer-generated nude body parts as the nude body parts of 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) or 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) engaging in sexual conduct, as defined in subdivision ten of section 130.00 of the penal law, 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) did not engage. "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 § 52-b(11); Penal Law § 10.00(23); Election Law § 14-106(5)(a)(i)" may also mean 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.
Subpart A, Section 4 updates the definition of 'digitization' in existing § 52-c to align with the broader AI-focused definition used throughout Part MM, expanding it beyond the original narrow definition focused on superimposing body parts.
(1)–(2) 3 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). 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)... 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... 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.
Subpart A, Section 5 creates an entirely new cause of action for false-light invasion of privacy involving digitally-altered material. A depicted individual may sue any actor who discloses, disseminates, or publishes digitally-altered material containing a false statement that places the individual in a highly offensive false light. The knowledge standard varies: negligence for private persons, actual malice for public figures. Remedies include injunctive relief, compensatory and punitive damages, and attorneys' fees. The statute expressly preserves Section 230 protections and includes a three-year limitations period with a one-year discovery rule.
§ 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 § 52-b(11); Penal Law § 10.00(23); Election Law § 14-106(5)(a)(i)" 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 § 52-b(11); Penal Law § 10.00(23); Election Law § 14-106(5)(a)(i), 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 § 52-b(11); Penal Law § 10.00(23); Election Law § 14-106(5)(a)(i) 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 § 52-b(11); Penal Law § 10.00(23); Election Law § 14-106(5)(a)(i) 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 § 52-b(11); Penal Law § 10.00(23); Election Law § 14-106(5)(a)(i) may be offered whenever it is relevant to establish or negative the crime charged.
Subpart B, Sections 1 and 2 add foundational provisions to the Penal Law. New subdivision 23 of § 10.00 defines 'digitization' consistently with the Civil Rights Law definition. New § 15.30 establishes that a person is not relieved of criminal liability for conduct because it involves digitization, regardless of whether a label indicates digitization was used.
(1)(a)–(b) 4 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 § 52-b(11); Penal Law § 10.00(23); Election Law § 14-106(5)(a)(i), where such person may reasonably be identified... and (ii) the actor knew or reasonably should have known that the person depicted did not consent to such dissemination or publication... 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 § 52-b(11); Penal Law § 10.00(23); Election Law § 14-106(5)(a)(i)...
Subpart B, Section 3 significantly expands the existing criminal offense of unlawful dissemination of intimate images. The amendments extend the offense to cover images created or altered by digitization and add an entirely new category covering audio records depicting a person engaging in sexual or obscene conduct, including AI-generated audio. The offense remains a class A misdemeanor.
(1)–(4) 5 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... 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... (c) Dissemination or publication of a fabricated record that was created for the purpose of political or social commentary, parody, satire, or artistic expression that is not disseminated or published with the intent to misrepresent its authenticity... 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... 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.
Subpart B, Section 11 creates an entirely new criminal offense targeting the creation and dissemination of AI-generated fabricated records — realistic deepfakes that depict scenarios that did not occur. The offense requires intent to cause harm to an identifiable person's liberty or emotional, social, financial, or physical welfare. The statute includes extensive carve-outs for news reporting, satire, parody, artistic expression, law enforcement, scientific research, and platform intermediaries. It preserves Section 230 protections. The offense is a class A misdemeanor.
§ 190.25 (closing paragraph) 6 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 § 52-b(11); Penal Law § 10.00(23); Election Law § 14-106(5)(a)(i). Criminal impersonation in the second degree is a class A misdemeanor.
§ 190.26 (closing paragraph) 6 As used in this section, "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 § 52-b(11); Penal Law § 10.00(23); Election Law § 14-106(5)(a)(i). Criminal impersonation in the first degree is a class E felony.
§§ 190.78–190.80-a 6 A person is guilty of identity theft in the [third/second/first] degree 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 § 52-b(11); Penal Law § 10.00(23); Election Law § 14-106(5)(a)(i), by presenting themself as that other person, or by acting as that other person or by using personal identifying information of that other person...
Subpart B, Sections 5 through 10 amend existing criminal impersonation and identity theft statutes to clarify that 'impersonate' and 'pretend' include instances involving digitization, and that identity theft covers assuming another's identity using AI-generated means. These amendments ensure that existing criminal penalties apply when AI tools are used to impersonate or steal identities.
§§ 263.10, 263.11, 263.15, 263.16 7 A person is guilty of promoting [or possessing] an obscene sexual performance by a child when, knowing the character and content thereof, such person produces, directs or promotes [or knowingly has in such person's possession or control, or knowingly accesses with intent to view,] any obscene performance which includes sexual conduct by a child less than [seventeen/sixteen] years of age, 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 § 52-b(11); Penal Law § 10.00(23); Election Law § 14-106(5)(a)(i).
Subpart B, Sections 12 through 15 amend four existing child sexual performance offenses to explicitly cover performances created or altered by digitization. This ensures that AI-generated CSAM is criminalized at the same level as non-synthetic CSAM, covering both promotion and possession offenses.
§ 135.60 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... or depicting such other person engaged in conduct that is obscene... 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 § 52-b(11); Penal Law § 10.00(23); Election Law § 14-106(5)(a)(i)...
Subpart B, Section 4 amends the coercion statute to extend its reach to compelled production of images or audio records created or altered by AI digitization, including obscene content.
(5)(b) 8 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 § 52-b(11); Penal Law § 10.00(23); Election Law § 14-106(5)(a)(i)... For visual media the disclosure shall be printed or typed in an appropriate legible font size... 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 § 52-b(11); Penal Law § 10.00(23); Election Law § 14-106(5)(a)(i)"... For communication that is auditory, such as radio or automated telephone calls, clearly speaking the statement at the beginning of the audio... satisfies the requirements...
(5)(b)(iii) 8 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) 8 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... 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...
Subpart C adds a new subdivision 5 to Election Law § 14-106 requiring disclosure when political communications distributed within 60 days of an election include AI-generated deceptive media. The disclosure must state that the communication was created with the assistance of digitization. Exemptions exist for satire, parody, news reporting, and initial platform dissemination. Registered voters and depicted candidates may seek injunctive relief.
If any clause, sentence, paragraph, subdivision, section, subpart or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof...
Standard severability clause providing that if any provision of Part MM is held invalid, the remainder continues in effect.