New York Governor Kathy Hochul signed two groundbreaking bills requiring advertisers to disclose when AI-generated performers are used in ads and mandating consent for using a deceased person’s name or likeness in commercial settings; the laws, supported by the actors’ union SAG-AFTRA, aim to increase transparency and protect artists’ rights amid growing use of generative AI in media, with fines for non-compliance and limited exemptions for expressive works.
Sources: Variety, Hollywood Reporter
Key Takeaways
– New York’s new laws require clear disclosure in advertising when AI-generated people are featured, aiming to protect consumers and performers.
– SAG-AFTRA backed both bills as part of broader efforts to guard artists’ likenesses and fair compensation in the face of AI use.
– Fines apply for violations, but there are exemptions for certain expressive media; consent requirements extend to use of deceased individuals’ commercial likenesses.
In-Depth
New York’s recent legislative action reflects a conservative instinct to both protect individual rights and bring clarity to a fast-changing technological landscape. In passing these bills, Governor Kathy Hochul positioned the state as a leader in regulating artificial intelligence’s impact on advertising and entertainment. The centerpiece is a mandate requiring advertisers to disclose conspicuously whenever an advertisement uses an AI-generated avatar or performer who does not correspond to a real human being. This requirement is intended to ensure transparency so that consumers are not misled by synthetic representations, particularly in commercial contexts where AI can simulate people who never appeared or spoke in the ad. Within the law are specific exemptions for expressive works like movies, TV shows, or video games when the AI depiction aligns with the internal narrative, recognizing that creative industries often employ AI for artistic purposes rather than deceptive marketing. The law also imposes fines—starting at a threshold for first offenses and scaling upward—to encourage compliance without being overly punitive to smaller entities. The Verge details the specific bill numbers and enforcement structure, emphasizing that this is among the first of its kind in the United States.
Alongside the advertising disclosure mandate, New York enacted a second law focused on the rights of performers including protections for the use of a deceased person’s name or likeness. Under this provision, entities wishing to employ a deceased individual’s identity in commercial material must secure consent from heirs or executors. This extends traditional “right of publicity” principles into the AI era, where synthetic technologies make it trivial to recreate voices or appearances of deceased celebrities without proper authorization. Both laws drew active support from SAG-AFTRA, the union representing actors and media professionals, which has been vocal about safeguarding its members from unchecked AI exploitation. Variety reports that SAG-AFTRA backed these bills as part of a broader legislative strategy to address AI’s encroachment on creative labor and to ensure performers receive fair treatment and compensation.
Industry response reflects a mix of cautious acceptance and concern; supporters argue the laws strike a sensible balance between innovation and accountability, while critics worry about patchwork regulation creating compliance challenges for national advertisers. The Hollywood Reporter highlights the bipartisan context, noting that national actors in Washington have debated whether federal standards might eventually pre-empt state laws like New York’s, especially as AI technologies continue to proliferate. Still, for now, New York’s approach serves as a model for states grappling with how to protect consumers and creative workers without stifling technological advancement. The emphasis on transparent labeling and consent resonates with conservative values around individual rights, market clarity, and limiting deceptive practices, suggesting a framework that could influence broader policy discussions in the months ahead.