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A08962 Summary:

BILL NOA08962A
 
SAME ASSAME AS S08451
 
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 (FAIR) news act"; provides requirements for fairness in disclosures to news media workers, news media consumers, oversight of AI systems, and workplace protections for news media workers.
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A08962 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8962--A
 
                               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  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        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 (FAIR) 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 may  be  cited  as
     2  the "New York fundamental artificial intelligence requirements in (FAIR)
     3  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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13382-03-5

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

        A. 8962--A                          3
 
     1  onset  of  audio content, that such content was substantially created by
     2  generative artificial intelligence. If the content is eligible for copy-
     3  right registration such disclosure requirement shall not apply.
     4    §  1154.  Oversight of artificial intelligence systems. Any news media
     5  content, including stories, articles, audio, visuals  or  images,  which
     6  are created in whole or in material part by generative artificial intel-
     7  ligence  shall  be  reviewed  by a human worker who has the authority to
     8  approve, deny, or modify any decision recommended or made by  the  auto-
     9  mated  system  before  such content may be published with the disclosure
    10  under section eleven hundred fifty-three of this article.
    11    § 1155. Workplace protections.  1.  News  media  employers  shall  not
    12  directly or through a third party authorize the training of a generative
    13  artificial intelligence system on the work product of a news media work-
    14  er  without notice, consent and an opportunity to bargain over appropri-
    15  ate remuneration. A news media employer shall not penalize a news  media
    16  worker  for  declining to consent to allow their work product to be used
    17  to train a generative artificial intelligence system.
    18    2. (a) The use of  generative  artificial  intelligence  or  automated
    19  employment  decision-making  tools  shall  not diminish (i) the existing
    20  rights of employees pursuant to an existing collective bargaining agree-
    21  ment; or (ii) the existing representational relationships among employee
    22  organizations or the bargaining relationships between the  employer  and
    23  an employee organization.
    24    (b)  The  use  of generative artificial intelligence systems shall not
    25  result in: (i) discharge, displacement or loss  of  position,  including
    26  partial  displacement  such  as a reduction in the hours of non-overtime
    27  work, wages, or employment benefits, or  result  in  the  impairment  of
    28  existing  collective bargaining agreements; or (ii) transfer of existing
    29  duties and functions previously performed by employees or workers.
    30    § 3. Section 79-h of the civil rights law is amended by adding  a  new
    31  subdivision (h) to read as follows:
    32    (h) Employers of professional journalists and newscasters shall estab-
    33  lish safeguards to protect journalistic sources and confidential materi-
    34  als gathered through location tracking, surveillance or any other means,
    35  which  can  be  accessed  by  any artificial intelligence technology, as
    36  defined by section eleven hundred fifty-one of the general business law.
    37    § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
    38  sion or section of this act shall be adjudged by any court of  competent
    39  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
    40  invalidate the remainder thereof, but shall be confined in its operation
    41  to the clause,  sentence,  paragraph,  subdivision  or  section  thereof
    42  directly  involved  in the controversy in which such judgment shall have
    43  been rendered. It is hereby declared to be the intent of the legislature
    44  that this act would have been enacted even if  such  invalid  provisions
    45  had not been included herein.
    46    §  5.  This  act  shall take effect on the sixtieth day after it shall
    47  have become a law.
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