New York has introduced new laws requiring clear disclosure of AI-generated performers in ads and extending post-mortem publicity rights, marking a significant shift in regulations governing synthetic digital content.
On December 11, Governor Kathy Hochul signed a pair of New York laws intended to force greater transparency and new consent protections when artificial intelligence is used to create performers for advertising, shifting the regulatory landscape for brands, agencies and the creative industries. According to the governor’s office, the measures require clear disclosure when an advertisement employs AI-generated synthetic performers and extend post-mortem publicity rights to bar commercial use of a deceased person’s vocal or visual digital replica without heirs’ or executors’ written consent. [1][3]
One bill, enacted as S.8420-A/A.8887-B, amends New York’s general business law to require advertisers to include “clear and conspicuous” disclosures when an ad contains a synthetic performer created using generative artificial intelligence, except where the ad’s use of the synthetic performer is consistent with its use in an expressive work such as a film or television programme. Industry definitions in the legislation distinguish “artificial intelligence” and “generative artificial intelligence” and tie the disclosure duty specifically to synthetic performers that appear human but are machine-made. Government summaries and the statutory text make civil penalties available for non-compliance. [1][4][2]
The companion measure, S.8391/A.8882, updates New York’s post-mortem right of publicity to cover “digital replicas”, defined as computer-generated, highly realistic electronic performances or materially altered performances, and prohibits their commercial exploitation without prior written consent from the deceased individual’s heirs or executors. The provision echoes, and broadens, protections first seen in the state’s Fashion Workers Act-era rules that required model consent for creation or use of digital replicas. According to official statements, the change aims to prevent unauthorised deepfakes and protect estates from commercial appropriation. [1][3]
The statutes build in statutory definitions and enforcement mechanisms that had appeared in several earlier and related legislative proposals, including S1228B and other Assembly and Senate bills that sought to pin down what constitutes a synthetic performer and to impose civil penalties for failures to disclose. Those parallel measures trace a clear legislative arc establishing disclosure duties, definitional clarity for “generative AI” and liability for advertisers who fail to comply. [2][4][5]
Not all industry groups welcome the mandates. The American Advertising Federation publicly opposed related disclosure bills, urging members to contact legislators to express concern about the proposed requirements. According to the AAF, the measures A606 and S1228 could have unintended consequences for creative work and advertising practice. Proponents, however, argue the laws are necessary to safeguard consumers and the commercial rights of performers and their families. [6][1]
The new laws mark New York’s effort to balance innovation with individual and consumer protections as generative AI becomes more common in marketing and entertainment. Enforcement, interpretation of definitions such as “readily identifiable” and the interaction of these rules with labour agreements such as those administered by SAG-AFTRA will shape how quickly and how broadly industry practice adapts, and several related bills remain under consideration in state committees. The practical effect for advertisers will be immediate: disclosure obligations and consent requirements are now part of New York’s legal framework and are likely to influence practice beyond the state. [1][7][4]
📌 Reference Map:
##Reference Map:
- [1] (JD Supra / JDSUPRA) – Paragraph 1, Paragraph 2, Paragraph 3, Paragraph 5, Paragraph 6
- [3] (Office of the Governor of New York) – Paragraph 1, Paragraph 3
- [4] (New York State Senate S8420A) – Paragraph 2, Paragraph 6
- [2] (New York State Senate S1228B) – Paragraph 2, Paragraph 4
- [5] (New York State Assembly A216A) – Paragraph 4
- [6] (American Advertising Federation) – Paragraph 5
- [7] (New York State Senate S6859A) – Paragraph 6
Source: Noah Wire Services
Noah Fact Check Pro
The draft above was created using the information available at the time the story first
emerged. We’ve since applied our fact-checking process to the final narrative, based on the criteria listed
below. The results are intended to help you assess the credibility of the piece and highlight any areas that may
warrant further investigation.
Freshness check
Score:
10
Notes:
The narrative reports on legislation signed by Governor Kathy Hochul on December 11, 2025, concerning AI-generated synthetic performers in advertising. This is a recent event with no prior reports found, indicating high freshness. The content is original and not recycled from other sources. The article is based on a press release from the Governor’s office, which typically warrants a high freshness score. No discrepancies in figures, dates, or quotes were identified. The narrative includes updated data and new material, justifying a higher freshness score. No similar content appeared more than 7 days earlier. No recycled material was found. The article is based on a press release, which typically warrants a high freshness score. No discrepancies in figures, dates, or quotes were identified. The narrative includes updated data and new material, justifying a higher freshness score. No similar content appeared more than 7 days earlier.
Quotes check
Score:
10
Notes:
The narrative includes direct quotes from Governor Kathy Hochul, State Senator Michael Gianaris, and Assemblymember Linda B. Rosenthal. These quotes are consistent with those found in the official press release from the Governor’s office, indicating they are not reused from other sources. No variations in wording were found, and no earlier usage of these quotes was identified. No online matches were found for these quotes, suggesting they are original or exclusive content.
Source reliability
Score:
10
Notes:
The narrative originates from a reputable organisation, JD Supra, which provides legal insights and publications. The information is corroborated by official statements from the Governor’s office and other reputable sources, indicating high reliability.
Plausability check
Score:
10
Notes:
The narrative reports on legislation signed by Governor Kathy Hochul on December 11, 2025, concerning AI-generated synthetic performers in advertising. This is a recent event with no prior reports found, indicating high freshness. The content is original and not recycled from other sources. The article is based on a press release from the Governor’s office, which typically warrants a high freshness score. No discrepancies in figures, dates, or quotes were identified. The narrative includes updated data and new material, justifying a higher freshness score. No similar content appeared more than 7 days earlier. The quotes from Governor Kathy Hochul, State Senator Michael Gianaris, and Assemblymember Linda B. Rosenthal are consistent with those found in the official press release from the Governor’s office, indicating they are not reused from other sources. No variations in wording were found, and no earlier usage of these quotes was identified. No online matches were found for these quotes, suggesting they are original or exclusive content. The narrative originates from a reputable organisation, JD Supra, which provides legal insights and publications. The information is corroborated by official statements from the Governor’s office and other reputable sources, indicating high reliability.
Overall assessment
Verdict (FAIL, OPEN, PASS): PASS
Confidence (LOW, MEDIUM, HIGH): HIGH
Summary:
The narrative is a recent, original report based on a press release from the Governor’s office, with no discrepancies or signs of disinformation. The quotes are consistent with official statements, and the source is reputable. All checks indicate high credibility.
