New York S8420A (ads must disclose AI 'synthetic performers')
New York Synthetic Performer Disclosures Law (Gen. Bus. Law 396-b; S8420A)
New York · N.Y. Gen. Bus. Law 396-b (S8420A, 2025)
- Status
- In effect
- Took effect
- June 9, 2026
- Applies to
- Any person who, for a commercial purpose, produces an advertisement for property or services using a synthetic performer.
- Enforced by
- New York State Attorney General (civil penalties).
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.
Who is protected: Consumers and the public viewing commercial advertisements for property or services in New York.
Legal 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.
Key facts
| Jurisdiction | New York |
|---|---|
| Level | State |
| Strength | Limited |
| Citation | N.Y. Gen. Bus. Law 396-b (S8420A, 2025) |
| 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 |
| Bill text | NY State Senate Bill 2025-S8420A |
More AI rules in New York
- NYDFS CL 7 (2024) — Insurance AI Anti-Discrimination · In effect
- NY Hochul EO — Statewide Data Center Moratorium (2026) · In effect
- New York Stealth Crawler Prohibition Act (2026) · Proposed / pending
- New York SAFE for Kids Act final rules (2026) · Enacted (not yet in effect)
- RealPage v. James — NY algorithmic rent ban enjoined (2026) · Blocked / in litigation
- NY PSC utility AI inquiry (Case 26-M-0552) · Enacted (not yet in effect)
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) · Blocked / in litigation
- xAI v. Harwood (Grok NCII Counter-Suit 2026) · Blocked / in litigation
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- Arizona HB 2678 — AI-generated CSAM criminalized · In effect
- MN HF 1606 AI Nudification Ban (2026) · In effect
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