New on the books this year is a law that requires advertisers to clearly disclose when an ad includes a computer-generated synthetic performer instead of a real person.
This law — the New York AI Synthetic Performer Law, effective June 2026 — amends New York General Business Law Section 396-b and applies to ads that reach New York audiences.
If you are an individual or business that creates or produces advertisements for commercial purposes — brands, marketers, advertising agencies, production companies, creative vendors, and the like — this law applies to you.
Background
A synthetic performer is a digital person created or heavily modified on a computer — often with AI — that looks like a human but is not any real, identifiable individual. Examples include a fully AI-generated "spokesperson," or a virtual model or avatar that looks human but is not based on a specific person.
The law is about transparency when the "person" in an ad is not real. It does not cover digital replicas of real people — for example, a realistic AI version of a recognizable actor, athlete, or celebrity. Those uses are governed by other laws such as the right of publicity, false endorsement, and privacy laws, and it can be costly to use someone's image for advertising purposes without their permission.
Media outlets and platforms that simply run the ads — TV networks, streaming services, or social platforms — are generally not the ones on the hook for this particular disclosure requirement.
Exceptions
The law does not apply to:
- Expressive works. Ads for expressive works — films, TV series, streaming content, video games, and the like — do not need this disclosure if the synthetic performer is used in the ad in the same way as in the underlying work.
- Audio-only ads. Purely audio advertising is not covered.
- Translation only. If AI is used only to translate what a real human performer says in the ad, no synthetic performer disclosure is required.
Enforcement and penalties
The law is enforced by the state, and penalties apply for failing to include a synthetic performer disclosure: $1,000 for the first violation and $5,000 for each additional violation.
Even though consumers cannot sue directly under this statute, advertisers should not ignore it. Alleged violations can arise out of a broader false-advertising or consumer-protection claim under other laws.
Practical steps you can take
- Review your current creative. Identify current and planned ads that use AI-generated or heavily computer-generated human-like characters.
- Update your process. Add a step asking whether a synthetic performer appears and, if so, what disclosure will be used.
- Standardize language. Choose short, clear disclosures for video, social, display, and print, and apply them consistently. The goal is to make clear that the "person" is not a real human being. For example:
- "Synthetic performer used in this ad"
- "Virtual, computer-generated performer shown"
- "This ad features a computer-generated performer created using artificial intelligence."
- Tighten contracts. Make sure agency and production agreements require vendors to flag synthetic performers and build in responsibility for compliance.
For all advertising campaigns that use virtual characters or blend real and AI-generated talent, it is much easier to address these questions at the concept and production stage than at delivery.
How real people are protected
This new law is about digital performers who are not real people. Real, identifiable individuals are protected by other rules, including:
- New York Civil Rights Law §§ 50–51, which makes it unlawful to use a living person's name, portrait, picture, or voice for advertising or trade without written consent — and gives the person a direct claim for damages and injunctive relief.
- Federal law, which can address situations where an ad falsely suggests someone's endorsement, affiliation, or sponsorship.
- State and federal consumer-protection and false-advertising laws, which can be used when the presence — or realistic simulation — of a person in an ad misleads consumers.
In sum, existing laws protect real people; the new synthetic performer law adds transparency for computer-generated ones.
If you need more information, or would like us to review your current process and advertising agreements, we would look forward to working with you.
Rosemarie Tully, P.C. — counsel to the creative