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New York Mandates AI Avatar Disclosure in Advertising

AI Avatars Advertising Law New York Law SAG-AFTRA Right of Publicity Generative AI Consumer Protection
December 11, 2025
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Article Summary

New York State has introduced groundbreaking legislation forcing advertisers to disclose the use of AI-generated people in commercial content. Signed into law by Governor Kathy Hochul, this bill (S.8420-A/A.8887-B) addresses the rapidly expanding use of synthetic avatars and ensures consumers aren't misled. The law demands a ‘conspicuous’ notice when a synthetic avatar is utilized, except in instances like expressive works (movies, TV, games) where consistency is maintained. Separately, a bill tackles the use of deceased individuals’ likenesses, aiming to update existing state right-of-publicity laws for the era of generative AI. This dual approach represents a significant step in regulating the burgeoning field of AI-generated content and safeguarding consumer rights. The potential impact extends beyond advertising, influencing industries like film and television, which are grappling with compensation and usage rights for actors and performers.

Key Points

  • New York is the first US state to enact a law requiring disclosure of AI-generated people in advertising.
  • The law mandates a ‘conspicuous’ notice when a synthetic avatar is used in commercials.
  • A separate bill addresses the use of deceased individuals’ likenesses for commercial purposes, updating existing state right-of-publicity laws.

Why It Matters

This legislation is pivotal because it represents a crucial early attempt to manage the ethical and legal implications of AI-generated content. As AI increasingly creates realistic digital representations, questions around consent, ownership, and misrepresentation become paramount. This move signals a broader trend toward regulation and highlights the urgent need for established legal frameworks to govern this rapidly evolving technology. For professionals in entertainment and technology, it underscores the shifting landscape of creative rights and the need to proactively address these concerns.

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