New York Synthetic Performer Disclosure Bill Draws Industry Opposition Over Broad Scope, Chilling Effect on Innovation

Assembly Bill 606B / Senate Bill 1228C, currently advancing in the New York State Legislature, would require conspicuous disclosures in advertisements that include “synthetic performers”—a term the bill defines broadly to encompass a digital asset created, reproduced, or modified using generative AI or software algorithms to simulate a human performance. This includes AI-generated images, voices, or likenesses intended to represent real or fictional individuals in advertisements. While the legislation purports to promote transparency for consumers, its unintended consequences would be substantial for advertising—injecting compliance uncertainty into the advertising process, burdening brands (and their agencies) who advertise in New York, and undermining creative and technological innovation.The bill was recently amended and recommitted to the Senate Committee on Consumer Protection and awaits a floor vote in the Assembly.

The 4As, and many others in the advertising industry including the Association of National Advertisers (ANA) and the National Association of Broadcasters (NAB), strongly opposes the bill. As drafted, A606B / S1228C casts a wide net, potentially applying conspicuous disclosure mandates to a wide range of longstanding industry practices, including CGI animation, digital compositing, autotune and voiceovers, and AI-assisted post-production techniques. These tools, which are frequently used to enhance storytelling, do not inherently mislead consumers and are routinely deployed under the direction of human creatives to meet existing truth-in-advertising regulations.

By failing to differentiate between fully autonomous AI-generated figures and human-guided enhancements, the legislation creates ambiguity around what qualifies as a “synthetic performer” and when disclosures are required. Compounding this concern, the bill offers minimal clarity around what constitutes a “conspicuous” disclosure, raising the likelihood of inconsistent implementation, compliance challenges, and regulatory exposure for agencies and advertisers operating in New York.

For enforcement, the bill includes a civil penalty of $1000 per violation for failing to disclose the use of a synthetic performer in an advertisement (audio, visual, ) with an additional $5,000 civil penalty per offense for subsequent violations. The bill would seemingly apply to the entire advertising industry supply chain, from brands and agencies, to ad tech and ad networks, and broadcasters. There is a narrow carve out for online publishers with a Sec. 230 exception, although social media companies that have GenAI ad creation tools might still have some liability.

The 4A’s has submitted formal written comments opposing the bill and is engaging directly with key legislative committees, Assembly and Senate leadership, and Governor Kathy Hochul’s office. In coordination with other stakeholders across the advertising ecosystem, the 4A’s is advocating for a more balanced approach that reflects the practical realities of content production and existing industry safeguards.

Notably, the recently ratified 2025 SAG-AFTRA Commercials Contract already includes enforceable provisions governing synthetic performers and digital replicas, ensuring that issues related to consent and compensation were addressed deliberately through collective bargaining. Imposing an additional state-level regulatory layer risks undermining the well-balanced compromise established in this contract and creating a fractured compliance landscape.

If this bill is passed, and absent a uniform federal standard, agencies would be forced to produce New York state-specific versions of national campaigns—diverting resources away from creative output and imposing unnecessary costs on both large and small advertisers.

The 4A’s remains committed to working collaboratively with policymakers to develop thoughtful, future-ready solutions to AI use disclosure, content provenance, and content authenticity in advertising. In late 2024, the organization launched a cross-industry working group focused on scalable, standards-based approaches to AI disclosure and content provenance. 

Questions about NY Assembly Bill 606B / Senate Bill 1228C or other state AI use disclosure laws can be directed to Amanda Anderson, 4As VP of Government Relations.