Privacy & Information Security Law Blog

On December 11, 2025, New York Governor Kathy Hochul signed SB-8420A into law, which regulates the use of artificial intelligence (“AI”) generated “synthetic performers” in advertising. AI-generated synthetic performers are digitally created media that appear as a real person. The Governor’s press release about the law emphasizes that “AI generated synthetic performers and manipulated media can undermine one’s ability to accurately distill fact from fiction.”

• Disclosure Requirements. The law requires any advertisement using a synthetic performer to “conspicuously disclose” the use of such synthetic performer. The law does not specify the content or form of such disclosure.
• Civil Penalties. Violations of the law may result in civil penalties of $1,000 for a first penalty and $5,000 for subsequent violations.
• Exemptions. The law does not apply to advertisements or promotional materials for “expressive works” (e.g., motion pictures, TV programs, streaming content, video games) where the use of a synthetic performer in the advertisement is consistent with its use in the work itself. Certain categories of media and uses are excluded, including audio-only advertisements and cases where AI is used solely for language translation of a human performer.
• Effective Date. The law will take effect on June 9, 2026.