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A08962 Summary:

BILL NOA08962
 
SAME ASNo Same As
 
SPONSORRozic
 
COSPNSR
 
MLTSPNSR
 
Add Art 42-A §§1150 - 1155, Gen Bus L; amd §79-h, Civ Rts L
 
Enacts the "New York fundamental artificial intelligence requirements in news act"; provides that any news media content published, broadcast, or otherwise disseminated or accessible within the state of New York, which was substantially composed, authored, or otherwise created through the use of generative artificial intelligence shall conspicuously imprint on the top of the page, webpage, image, graphic, video or other visual or audio/visual content, or verbally orate at the onset of audio content, that such content was substantially created by generative artificial intelligence.
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A08962 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8962
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     August 13, 2025
                                       ___________
 
        Introduced  by M. of A. ROZIC -- read once and referred to the Committee
          on Consumer Affairs and Protection
 
        AN ACT to amend the general business law and the civil  rights  law,  in
          relation to enacting the "New York fundamental artificial intelligence
          requirements in news act"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and be  cited  as  the
     2  "New  York fundamental artificial intelligence requirements in news act"
     3  or the "FAIR news act".
     4    § 2. The general business law is amended by adding a new article  42-A
     5  to read as follows:
     6                                ARTICLE 42-A
     7                    ARTIFICIAL INTELLIGENCE IN NEWS MEDIA
     8  Section 1150. Legislative intent.
     9          1151. Definitions.
    10          1152. Disclosure to news media workers.
    11          1153. Disclosure to consumers.
    12          1154. Oversight of artificial intelligence systems.
    13          1155. Workplace protections.
    14    § 1150. Legislative intent. The legislature hereby finds that:
    15    1.  New  York is the center of the American news industry and journal-
    16  ists are a key part of the state's workforce.
    17    2. Artificial intelligence can quickly generate  articles,  summaries,
    18  news scripts, audio/visual and other media content that may seem profes-
    19  sionally  done  to a lay observer. However, there is ample evidence that
    20  content created by  generative  artificial  intelligence:  (a)  contains
    21  false or misleading content; and (b) plagiarizes by deriving its content
    22  from  original  source  material  without permission or proper citation.
    23  These failures are a disservice to the public who relies on the news for
    24  accurate information about the world.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13382-02-5

        A. 8962                             2
 
     1    3. As such, the government has a strong interest in  the  preservation
     2  of  human  news  work. There is an urgent need to prevent news companies
     3  from using artificial intelligence at the expense of  both  the  broader
     4  public  and  of  news  workers, including human reporters, editors, news
     5  writers, directors, producers, voice actors, graphic designers and other
     6  newsroom professionals.
     7    It  is  therefore  the  intent  of the legislature to establish clear,
     8  meaningful protections for both journalists and the  broader  public  to
     9  ensure that the integrity of the news and its workforce are safeguarded.
    10    § 1151. Definitions. As used in this article:
    11    1. "Artificial intelligence", "artificial intelligence technology", or
    12  "AI" means a machine-based system that can, for a given set of human-de-
    13  fined objectives, make predictions, recommendations, or decisions influ-
    14  encing  real  or virtual environments, and that uses machine- and human-
    15  based inputs to perceive real and virtual  environments,  abstract  such
    16  perceptions  into  models  through  analysis in an automated manner, and
    17  uses model inference to formulate options for information or action.
    18    2. "Automated employment decision-making tool" means any software that
    19  uses algorithms, computational models, or artificial intelligence  tech-
    20  niques,  or  a  combination  thereof,  to materially automate or replace
    21  human decision-making regarding employment, including but not limited to
    22  wages and other compensation, hiring, selection for recruitment,  disci-
    23  pline, promotion, and termination. "Automated employment decision-making
    24  tool"  shall not include any software used primarily for basic computer-
    25  ized processes, such as calculators, spellcheck tools, autocorrect func-
    26  tions, spreadsheets, electronic communications, or any tool that relates
    27  only to internal management affairs such as ordering office supplies  or
    28  processing  payments,  and  that  do  not  materially affect the rights,
    29  liberties, benefits, safety or welfare  of  any  individual  within  the
    30  state.
    31    3.  "Generative  artificial  intelligence" means a class of artificial
    32  intelligence models that are self-supervised and emulate  the  structure
    33  and characteristics of input data to generate derived synthetic content,
    34  including,  but  not  limited to, images, videos, audio, text, and other
    35  digital content.
    36    4. "News media" means any publication or  programming,  regardless  of
    37  the medium or method of distribution, that provides news, weather, traf-
    38  fic,  sports, or entertainment reports or programming. This includes but
    39  is  not  limited  to  newspapers,  magazines,   journals,   periodicals,
    40  websites, newsletters, television or cable programming, radio or podcast
    41  programming, and internet or satellite-based content.
    42    §  1152.  Disclosure to news media workers. News media employers shall
    43  fully disclose to workers when and how any generative artificial  intel-
    44  ligence  tool  is used in the workplace as it relates to the creation of
    45  content, including, but not limited to, writing,  recordings  and  tran-
    46  scripts.  Such  disclosure shall include a description of the artificial
    47  intelligence system and a summary of the purpose and use of such system.
    48    § 1153. Disclosure to consumers. Any  news  media  content  published,
    49  broadcast,  or  otherwise disseminated or accessible within the state of
    50  New York, which  was  substantially  composed,  authored,  or  otherwise
    51  created  through  the  use  of  generative artificial intelligence shall
    52  conspicuously imprint on the top of the page, webpage,  image,  graphic,
    53  video  or other visual or audio/visual content, or verbally orate at the
    54  onset of audio content, that such content was substantially  created  by
    55  generative artificial intelligence. If the content is eligible for copy-
    56  right registration the disclosure requirement shall not apply.

        A. 8962                             3
 
     1    §  1154.  Oversight of artificial intelligence systems. Any news media
     2  content, including stories, articles, audio, visuals  or  images,  which
     3  are created in whole or in material part by generative artificial intel-
     4  ligence  shall  be  reviewed  by a human worker who has the authority to
     5  approve,  deny,  or modify any decision recommended or made by the auto-
     6  mated system before such content may be published  with  the  disclosure
     7  required pursuant to section eleven hundred fifty-three of this article.
     8    §  1155.  Workplace protections. 1. News media employers shall neither
     9  directly nor through a third party authorize the training of  a  genera-
    10  tive  artificial intelligence system on the work product of a news media
    11  worker without notice, consent and an opportunity to bargain over appro-
    12  priate remuneration. A news media employer shall  not  penalize  a  news
    13  media  worker for declining to consent to allow their work product to be
    14  used to train a generative artificial intelligence system.
    15    2. (a) The use of  generative  artificial  intelligence  or  automated
    16  employment  decision-making  tools  shall  not diminish (i) the existing
    17  rights of employees pursuant to an existing collective bargaining agree-
    18  ment, or (ii) the existing representational relationships among employee
    19  organizations or the bargaining relationships between the  employer  and
    20  an employee organization.
    21    (b)  The  use  of generative artificial intelligence systems shall not
    22  result in: (i) discharge, displacement or loss  of  position,  including
    23  partial  displacement  such  as a reduction in the hours of non-overtime
    24  work, wages, or employment benefits, or  result  in  the  impairment  of
    25  existing collective bargaining agreements; or
    26    (ii)  transfer of existing duties and functions currently performed by
    27  employees or workers.
    28    § 3. Section 79-h of the civil rights law is amended by adding  a  new
    29  subdivision (h) to read as follows:
    30    (h) Employers of professional journalists and newscasters shall estab-
    31  lish safeguards to protect journalistic sources and confidential materi-
    32  als,  gathered  through  location  tracking,  surveillance  or any other
    33  means, which can be accessed by any artificial  intelligence  technology
    34  as defined in article forty-two-A of the general business law.
    35    §  4.  Severability.  If any clause, sentence, paragraph, subdivision,
    36  section or part of this act shall be adjudged by any court of  competent
    37  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
    38  invalidate the remainder thereof, but shall be confined in its operation
    39  to the clause, sentence, paragraph, subdivision, section or part thereof
    40  directly involved in the controversy in which such judgment  shall  have
    41  been rendered. It is hereby declared to be the intent of the legislature
    42  that  this  act  would have been enacted even if such invalid provisions
    43  had not been included herein.
    44    § 5. This act shall take effect on the ninetieth day  after  it  shall
    45  have become a law.
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