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S08451 Summary:

BILL NOS08451A
 
SAME ASNo Same As
 
SPONSORFAHY
 
COSPNSRBASKIN, FERNANDEZ, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, JACKSON, MAY, MAYER, PALUMBO, RAMOS, RYAN C, SALAZAR, SEPULVEDA, SKOUFIS, WEBB
 
MLTSPNSR
 
Add Art 48 §§1800 - 1802, Gen Bus L
 
Enacts the "New York fundamental artificial intelligence requirements in (FAIR) news act"; provides transparency requirements for news media content composed, authored, or otherwise created through generative AI.
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S08451 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8451--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      July 7, 2025
                                       ___________
 
        Introduced by Sens. FAHY, BASKIN, FERNANDEZ, GONZALEZ, GOUNARDES, HARCK-
          HAM,  HINCHEY,  JACKSON, MAY, MAYER, PALUMBO, RAMOS, C. RYAN, SALAZAR,
          SEPULVEDA, SKOUFIS, WEBB -- read twice and ordered printed,  and  when
          printed  to  be  committed to the Committee on Rules -- recommitted to
          the Committee on Internet and Technology  in  accordance  with  Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the general business 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 48 to
     5  read as follows:
     6                                 ARTICLE 48
     7                    ARTIFICIAL INTELLIGENCE IN NEWS MEDIA
     8  Section 1800. Legislative intent.
     9          1801. Definitions.
    10          1802. Transparency requirements.
    11    § 1800. Legislative intent. The legislature hereby finds that:
    12    1. New York is the center of the American news industry  and  journal-
    13  ists are a key part of the state's workforce.
    14    2.  Artificial  intelligence can quickly generate articles, summaries,
    15  news scripts, audio/visual and other media content that may seem profes-
    16  sionally done to a lay observer. However, there is ample  evidence  that
    17  content  created  by  generative  artificial  intelligence: (a) contains
    18  false or misleading content; and (b) plagiarizes by deriving its content
    19  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.
                                                                   LBD13419-02-6

        S. 8451--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    §  1801.  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    § 1802. Transparency requirements. Any news media  content  published,
    46  broadcast,  or  otherwise disseminated or accessible within the state of
    47  New York, which  was  substantially  composed,  authored,  or  otherwise
    48  created  through  the  use  of  generative artificial intelligence shall
    49  conspicuously imprint on the top of the page, webpage,  image,  graphic,
    50  video  or other visual or audio/visual content, or verbally orate at the
    51  onset of audio content, that such content was substantially  created  by
    52  generative artificial intelligence. If the content is eligible for copy-
    53  right registration such disclosure requirement shall not apply.
    54    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    55  sion  or section of this act shall be adjudged by any court of competent
    56  jurisdiction to be invalid, such judgment shall not affect,  impair,  or

        S. 8451--A                          3
 
     1  invalidate the remainder thereof, but shall be confined in its operation
     2  to  the  clause,  sentence,  paragraph,  subdivision  or section thereof
     3  directly involved in the controversy in which such judgment  shall  have
     4  been rendered. It is hereby declared to be the intent of the legislature
     5  that  this  act  would have been enacted even if such invalid provisions
     6  had not been included herein.
     7    § 4. This act shall take effect on the sixtieth  day  after  it  shall
     8  have become a law.
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