What happened
On June 9, 2026, New York's Synthetic Performer Law (S.8420-A/A.8887-B) took effect, announced by Governor Hochul. The law requires any person engaged in commerce who creates or produces an advertisement for a commercial purpose to conspicuously disclose when the advertisement contains a 'synthetic performer' — defined as a digitally created asset (using generative AI or software algorithms) intended to create the impression of a non-identifiable human performer in an audiovisual or visual performance. Specific contractual requirements apply for digital replicas of identifiable performers. Fines of up to $5,000 per non-compliant advertisement apply. Exemptions cover movies, TV shows, streaming content, video games, and certain other categories.
Why it matters
This is the first binding US law requiring disclosure of AI-generated synthetic performers in commercial advertising, now in effect. It is immediately enforceable by New York authorities. Any national or global advertising campaign featuring AI-generated human performers that runs in New York is subject to disclosure requirements. The $5,000-per-ad fine structure creates meaningful compliance cost exposure for large-scale campaigns. Sets a template that other states are likely to follow.
Action needed
Advertisers and agencies must: (1) audit all current and forthcoming advertising campaigns for synthetic performer content; (2) implement conspicuous disclosure labels in all non-exempt New York-distributed ads featuring AI-generated human performers; (3) review contracts with talent to ensure digital replica provisions meet statutory requirements. Compliance required now — law is already in effect.