Calling all advertisers! The effective date for New York's new synthetic performer law (S.8420-A/A.8887-B; NY GBL § 396-b) is June 9, 2026. By that date, most ads containing  AI- or computer-generated “synthetic performers” that may reach New York audiences must conspicuously disclose that the person isn't real.

This is the first law of its kind, and it has far-reaching implications. Even if New York isn't your target market, if you use synthetic performers and your ad could reach a New Yorker, this alert’s for you.

Here's a look at how the law works and what it requires.

What is a "Synthetic Performer" (and what isn’t)?

The law defines a "synthetic performer" as a digitally created asset that:

1. Is created, reproduced, or modified by computer, using generative AI or a software algorithm; and
2. Is intended to give the impression that it is engaging in an audiovisual or visual performance of a human performer who is not recognizable as any identifiable natural person. 

It's worth taking a close look at what is and isn't covered here, because it might be both broader and narrower than you expect. On one hand, we note that the law covers assets made by a “software algorithm.” That’s broader than assets covered by generative AI tools. If you’re using traditional CGI software to create your person, consider whether you're covered.

On the other hand, the second prong has some important  information about what’s not covered. First, note that intent matters. If, when you created your digital asset, you didn’t mean to give the impression of a human performer, the asset you created may not be covered. So, keep records of your creative process. If your brief or prompt requested a mannequin, cartoon, or abstract avatar, that could support an argument that the asset was never intended to be perceived as a real human performer if you face a challenge under this law.

Second, the law carves out digital replicas of identifiable real people. That means no specific disclosures are required under this law in ads featuring copies of celebrities or other recognizable people (other laws cover that use case).

Who has to comply?

Advertisement creators or producers. If you produce an ad and know it contains a synthetic performer, your ad is potentially within scope. It doesn’t matter whether it predominantly features natural human performers; even background performers are covered. Go ahead and add that disclosure.

Advertisement publishers or distributors. Even if you're not the producer of the ad, if you publish or distribute ads you should also be on alert. If you receive notice that an ad on your platform has an undisclosed synthetic performer, you have to take it down or bring it into compliance within 5 days. If you don't, enforcement action could follow. While platforms continue to enjoy the traditional protections of Section 230 of the Communications Decency Act, Section 230 likely won’t provide an enforcement shield if you receive this kind of notice. 

That said, there are a few exceptions, depending on the type of ad you produce or publish. Think advertisements for expressive works (e.g., films, TV shows, video games) where the synthetic performer's use in the ad is consistent with its use in the underlying work; audio-only advertisements; and AI used solely for language translation.

What does the law require?

Okay, you've concluded you’re covered. Now what? 

Covered advertisers must "conspicuously disclose" that the advertisement contains a synthetic performer. The statute doesn’t define what "conspicuous" means, leaving room for market practices and enforcement to shape what disclosures look like across different media. 

That said, compliance likely means that, at a minimum, the disclosure is noticeable, legible, and understandable to reasonable consumers.

What happens if you don't comply?

Although there’s no private right of action, the state can seek significant penalties. A first violation carries a civil penalty of $1,000. Each subsequent violation carries a penalty of $5,000. While those per-violation figures may seem modest, we don’t yet know how the state will count individual violations for penalty purposes. We’ll be watching for early enforcement, but we expect exposure to scale quickly across high-volume advertising operations running multiple or ongoing campaigns with synthetic performer content.

What should you do now?

If you know your ad contains a synthetic performer and it could reach New York consumers, err on the side of adding a disclosure. 

And while you're at it, take a moment to inventory campaigns that use digital humans or simulated content; update creative review workflows to flag synthetic performer uses; and tighten contracts with agencies and vendors to ensure upfront identification and allocate disclosure responsibilities. 

If you don't yet have a program in place, or you aren't sure, we can help.

Co-authored by Madison Switalla.