New York Synthetic Performer Disclosures Law (Gen. Bus. Law 396-b; S8420A)
New York · N.Y. Gen. Bus. Law 396-b (S8420A, 2025)
When a business creates an advertisement for property or services for a commercial purpose, this law requires it to clearly disclose if the ad uses a 'synthetic performer' — a digitally created asset (made with generative AI or a software algorithm) meant to look like an audiovisual or visual performance by a human, where the figure is not recognizable as any identifiable real person. Penalties are $1,000 for a first violation and $5,000 for each subsequent violation.
Technical detail
N.Y. Gen. Bus. Law 396-b (S8420A, 2025) requires any person who, for a commercial purpose, produces an advertisement for property or services to conspicuously disclose use of a 'synthetic performer' — a generative-AI or algorithmically created digital asset intended to give the impression of an audiovisual/visual performance by a human not recognizable as any identifiable natural person — subject to civil penalties of $1,000 for a first violation and $5,000 for subsequent violations.
Who is protected: Consumers and the public viewing commercial advertisements for property or services in New York.
Who must comply: Any person who, for a commercial purpose, produces an advertisement for property or services using a synthetic performer.
Key facts
| Jurisdiction | New York |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Limited protection |
| Effective date | 2026-06-09 |
| Citation | N.Y. Gen. Bus. Law 396-b (S8420A, 2025) |
| Enforced by | New York State Attorney General (civil penalties). |
| Private right of action | No — agency enforcement only |
| Penalties | Civil penalty of $1,000 for a first violation and $5,000 for any subsequent violation. |
| Topics | deepfakes · AI-generated images · AI disclosure and transparency |
| Last verified | 2026-06-16 |
| Official source | NY State Senate Bill 2025-S8420A ↗ |
More AI rules in New York
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- NY Hochul EO — Statewide Data Center Moratorium (2026) · In effect
- NY Responsible Data Center Development Act (passed, awaiting Governor) · Proposed / pending
- New York Deepfake Harassment and NCII Civil Action Act · Proposed / pending
- New York Deepfake Harassment and NCII Civil Action Act (Assembly) · Proposed / pending
- NY AI Professional Impersonation Liability Bill · Proposed / pending
Related deepfakes rules elsewhere
- Arkansas Frank Broyles Act AI amendment — voice and likeness protection (2025) · In effect
- Doe v. X.AI (Grok NCII deepfakes class action) · In effect
- xAI v. Harwood (Grok NCII Counter-Suit 2026) · Blocked / in litigation
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- NY AG · In effect
- MI SOS Deepfake Election Policy · In effect
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