Requires advertisements to disclose the use of synthetic media; imposes a $1,000 civil penalty for a first violation and a $5,000 penalty for any subsequent violation.
STATE OF NEW YORK
________________________________________________________________________
216--B
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. L. ROSENTHAL, GLICK -- read once and referred to
the Committee on Consumer Affairs and Protection -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the general business law, in relation to requiring
advertisements to disclose the use of synthetic media
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 396-b of the general business law, as added by
2 chapter 1031 of the laws of 1965, is amended to read as follows:
3 § 396-b. Advertisements. 1. (a) For the purposes of this section,
4 "generative artificial intelligence" means the use of machine learning
5 technology, software, automation, and algorithms to perform tasks,
6 to make rules and/or predictions based on existing data sets and
7 instructions, including, but not limited to:
8 (i) Any artificial system that performs tasks under varying and unpre-
9 dictable circumstances without significant human oversight, or that can
10 learn from experience and improve performance when exposed to data sets;
11 (ii) An artificial system developed in computer software, physical
12 hardware, or other context that solves tasks requiring human-like
13 perception, cognition, planning, learning, communication, or physical
14 action;
15 (iii) An artificial system designed to think or act like a human,
16 including cognitive architectures and neural networks;
17 (iv) A set of techniques, including machine learning, that is designed
18 to approximate a cognitive task; and/or
19 (v) An artificial system designed to act rationally, including an
20 intelligent software agent or embodied robot that achieves goals using
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01400-06-3
A. 216--B 2
1 perception, planning, reasoning, learning, communicating, decision
2 making, and acting.
3 (b) For purposes of this section, "synthetic media" means any human
4 voice, photograph, image, video or other human likeness created,
5 reproduced, or modified by computer, using generative artificial intel-
6 ligence or a software algorithm, to produce or reproduce a human like-
7 ness.
8 2. Any person, firm, corporation or association, or agent or employee
9 thereof, hereinafter called person, who, being engaged in the business
10 of dealing in any property, makes, publishes, disseminates, circulates
11 or places before the public or causes, directly or indirectly, to be
12 made, published, disseminated, circulated or placed before the public,
13 in this state, any advertisement respecting any such property, in any
14 newspaper, magazine, or other publication, or over any radio station or
15 television station, unless it is stated in any such advertisement that
16 the advertiser is a dealer in such property or from the context of any
17 such advertisement, it plainly appears that such person is a dealer in
18 such property so offered for sale in any such advertisement; or when
19 placing or causing any such advertisement to appear in any newspaper,
20 magazine or other publication or radio or television station as
21 described in this section, if requested by the publisher of any such
22 newspaper, magazine or other publication or owner or operator of such
23 radio or television station or any agent or representative thereof to
24 file with such owner or operator, publisher, agent or representative
25 thereof his true name, or where he is transacting business under a name
26 other than the true name pursuant to law, then the name under which such
27 business is transacted, and each business address wherein any business
28 is transacted by him, in the class of property advertised or to be
29 advertised for sale in such advertisement, shall make any false state-
30 ment in relation to any of such items; or if requested by the publisher
31 of any such newspaper, magazine or other publication or owner or opera-
32 tor of such radio or television station or any agent or representative
33 thereof to file with such owner, operator, publisher, agent or represen-
34 tative thereof a statement showing whether he is causing such advertise-
35 ment to appear or is offering to make such sale or disposition or trans-
36 action, as herein set forth, as principal or agent, and if as agent, to
37 set forth such information as is specified in this section, in relation
38 to his principal as well as in relation to himself, shall make any false
39 statement in relation to any of such items; is guilty of a misdemeanor.
40 3. Any person engaged in the business of dealing in any property or
41 service who for any commercial purpose makes, publishes, disseminates,
42 circulates or places before the public or causes, directly or indirect-
43 ly, to be made, published, disseminated, circulated or placed before the
44 public any advertisement respecting any such property or service, in any
45 medium or media in which such advertisement appears, shall disclose in
46 such advertisement if synthetic media is in such advertisement, where
47 such person knows or should have known.
48 (a) If synthetic media has been used in any commercial advertisement
49 under this section to create a likeness that depicts a natural person
50 engaged in any action or expression in which the natural person did not
51 actually engage, such advertisement shall include a disclaimer which
52 clearly and conspicuously states that such likeness featured in such
53 advertisement is synthetic, does not depict a natural person, and is
54 generated to create a human likeness.
55 (b) It shall not be a defense to an action under this or any other law
56 that the disclaimer required under paragraph (a) of this subdivision has
A. 216--B 3
1 not been included because the synthetic media depicts a natural person
2 with such natural person's consent.
3 (c) A violation of this subdivision shall result in a civil penalty of
4 one thousand dollars for a first violation, and five thousand dollars
5 for any subsequent violation.
6 4. Nothing in this section shall limit or reduce any rights any person
7 may have under section fifty, fifty-f, or fifty-one of the civil rights
8 law or under any other law.
9 5. Nothing in this section shall be construed to limit, or to enlarge,
10 the protections that 47 U.S.C. section 230 confers on an interactive
11 computer service for content provided by another information content
12 provider, as such terms are defined in 47 U.S.C. section 230.
13 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
14 sion, section or part of this act shall be adjudged by any court of
15 competent jurisdiction to be invalid, such judgment shall not affect,
16 impair, or invalidate the remainder thereof, but shall be confined in
17 its operation to the clause, sentence, paragraph, subdivision, section
18 or part thereof directly involved in the controversy in which such judg-
19 ment shall have been rendered. It is hereby declared to be the intent of
20 the legislature that this act would have been enacted even if such
21 invalid provisions had not been included herein.
22 § 3. This act shall take effect immediately.
