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A11683 Summary:

BILL NOA11683
 
SAME ASNo Same As
 
SPONSORRules (Rosenthal)
 
COSPNSR
 
MLTSPNSR
 
Amd §396-b, Gen Bus L; amd §14-106, El L
 
Requires disclosure for the entire duration that a synthetic performer is featured in an audiovisual advertisement; requires materially deceptive media disclosures in video political communications to be visible for the entire duration that materially deceptive media is shown.
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A11683 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11683
 
                   IN ASSEMBLY
 
                                    September 2, 2026
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Rosenthal)
          -- read once and referred to the Committee  on  Consumer  Affairs  and
          Protection
 
        AN  ACT  to  amend  the general business law, in relation to audiovisual
          advertisements and synthetic performer disclosures; and to  amend  the
          election law, in relation to materially deceptive media disclosures in
          certain political communications
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (c) of subdivision 1 and subdivision 3 of section
     2  396-b of the general business law, as added by chapter 617 of  the  laws
     3  of 2025, are amended to read as follows:
     4    (c)  "Synthetic  performer"  means  a digitally created asset created,
     5  reproduced, or modified by computer, using generative artificial  intel-
     6  ligence  or  a  software  algorithm,  that  is  intended  to  create the
     7  impression that the asset is engaging in an  audiovisual  and/or  visual
     8  performance  of  a human performer [who is not recognizable as any iden-
     9  tifiable natural performer]. This definition shall not  include  digital
    10  replicas  where such use is authorized by the applicable right holder or
    11  the law.
    12    3. Any person engaged in the business of dealing in  any  property  or
    13  service who for any commercial purpose produces or creates an advertise-
    14  ment  respecting any such property or service, in any medium or media in
    15  which such advertisement appears, shall conspicuously disclose  in  such
    16  advertisement that a synthetic performer is in such advertisement, where
    17  such  person has actual knowledge. In the case of audiovisual advertise-
    18  ments, such disclosure shall be visible for the entire duration  that  a
    19  synthetic  performer  is  featured in such advertisement. A violation of
    20  this subdivision shall result in a civil penalty of one thousand dollars
    21  for a first violation, and five  thousand  dollars  for  any  subsequent
    22  violation.
    23    §  2.  Clause 1 of subparagraph (ii) of paragraph (b) of subdivision 5
    24  of section 14-106 of the election law, as amended by chapter 169 of  the
    25  laws of 2024, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16172-03-6

        A. 11683                            2
 
     1    (1)  For  visual  media  the disclosure shall be printed or typed in a
     2  legible font size easily readable by the average viewer that is no smal-
     3  ler than other text appearing in  the  visual  media  and  in  the  same
     4  language  used  on  the  communication to read as follows: "This (image,
     5  video,  or  audio) has been manipulated".  In the case of video communi-
     6  cations, such disclosure shall be visible for the entire  duration  that
     7  materially deceptive media is shown.
     8    §  3.  This  act shall take effect on the thirtieth day after it shall
     9  have become a law.
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