BILL NUMBER: S1228C
SPONSOR: GIANARIS
 
TITLE OF BILL:
An act to amend the general business law, in relation to requiring
advertisements to disclose the use of a synthetic performer
 
PURPOSE:
This bill would require disclaimers when commercial content contains a
synthetic performer.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends section 396-b of the general business
law. Subdivision 1 provides definitions of "artificial intelligence" and
"generative artificial intelligence." It then defines a "synthetic
performer" as a digital asset that is created, reproduced, or modified
by computer, using generative artificial intelligence or a software
algorithm, that is intended to give the impression that the asset is in
an audio, audiovisual, and/or visual performance of a human performer
when it is not recognizable as any identifiable natural performer.
Subdivision 2 makes technical changes by replacing gender specific
language with gender neutral language.
Subdivision 3 requires the conspicuous disclosure of "synthetic perform-
ers" in advertisements and institutes a civil penalty of $1000 for the
first violation, and $5000 for any subsequent violation.
Subdivision 4 excludes advertisements and promotional materials for
expressive works, including but not limited to, motion pictures, tele-
vision programs, streaming content, documentaries, video games, or other
similar audiovisual works, provided that the use of synthetic media in
the advertisement or promotional material is consistent with its use in
the expressive work.
Subdivision 5 states that the "right of privacy" under § 50 of the civil
rights law, the "right of publicity" under § 50-f of the civil rights
law, the "action for injunction for damages" under § 51 of the civil
rights law, and any other law are not limited or reduced by anything in
this section of law.
Subdivision 6 states that the protections under 47 U.S.0 section 230,
dealing with interactive computer service for content provided by anoth-
er information content provider, shall not be construed to limit or be
enlarged by anything in this section.
Section two of the bill provides a severability clause.
Section three of the bill establishes the effective date.
 
JUSTIFICATION:
Synthetic performers are digitally-created media that appear as a real
person. Synthetic performers are used by advertisers to sell products,
by individuals to prank others, or by those who wish to distort reality.
With easy access to technology, there has been an increase in the use of
synthetic performers across all forms of media, including on social
media and in digital advertising. Without notice that the content one is
viewing is not real, synthetic performers and manipulated media contrib-
ute to a false news narrative and undermine one's ability to accurately
distill fact from fiction.
This legislation will require synthetic performers used for a commercial
purpose to be clearly labeled as such so that the average user will be
able to easily discern, at the point of viewing, that the image they are
looking at is not real, but a synthetic performer. Failure to properly
label a synthetic performer will result in civil penalties up to $5,000.
 
LEGISLATIVE HISTORY:
2024: S6859-A (Gianaris) died in Consumer Pro / A216-C (Rosenthal L)
reported, died in rules
2023: S6859 (Gianaris) died in Consumer Pro / A216-A (Rosenthal L) died
in consumer pro
2021-22: A6758-A (Rosenthal L) died in consumer protection
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S1228: 396-b general business law
S1228A: 396-b general business law
S1228B: 396-b general business law
S1228C: 396-b general business law