Which ads are exempt from California's AI synthetic performer disclosure law?
Quick answer
From January 1, 2027, B&P Code 17610 does not apply to ads for expressive works such as films, TV, streaming shows or video games when the synthetic performer is used as it is in the work, or to ads where AI is used only to translate a human performer's language or for other accessibility features (17610(d)(4), (d)(5)).
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Start date | January 1, 2027: SB 1050 (Chapter 246) was approved September 16, 2026, and a regular-session statute takes effect on the January 1 after a 90-day period from enactment (Cal. Const. art. IV, sec. 8(c)) | Cal. Const. art. IV, sec. 8 |
| Expressive works | Ads for motion pictures, TV programs, streaming content, documentaries, video games and similar works, if the synthetic performer is used consistently with its use in the work (17610(d)(4)) | SB 1050 (Ch. 246) |
| Translation and accessibility | Ads where generative AI solely involves language translation of a human performer or other accessibility features (17610(d)(5)) | SB 1050 (Ch. 246) |
| Only "prominent" use | The performer is in the foreground demonstrating the product, provides or voices the narration or message, or illustrates or reacts to it (17610(a)(5)) | SB 1050 (Ch. 246) |
| Synthetic performer | A digital figure, voice or representation made in whole or part with generative AI that gives the realistic impression of a human performer who is not recognizable as any identifiable natural person (17610(a)(6)) | SB 1050 (Ch. 246) |
| No ban | The law does not restrict creating or showing synthetic content, and only requires the factual disclosure (17610(d)(1), (d)(2)) | SB 1050 (Ch. 246) |
| Enforcement | A violation is a violation of B&P Code 17500 and may be enforced under the Unfair Competition Law, B&P 17200 et seq. (17610(f)) | SB 1050 (Ch. 246) |
| Last verified | October 27, 2026 | Astor Ventures |
Does an AI figure in the background need a disclosure?
The duty applies only when an ad "prominently" includes a synthetic performer. Under 17610(a)(5) that means the figure is in the foreground demonstrating the product, provides or voices the narration or message, or illustrates or reacts to it. A figure doing none of these is outside that definition.
Is AI dubbing of a real actor exempt?
Yes, if generative AI is used solely for language translation of a human performer or for other accessibility features (17610(d)(5)). If the AI creates a new voice or figure that gives the impression of a human performer, the general rule applies.
What about an AI version of a real, recognizable person?
This section defines a synthetic performer as a realistic AI performer who is not recognizable as any identifiable natural person (17610(a)(6)). A digital likeness of a real person falls outside that definition; other California laws may still apply to it.
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What else do people ask?
When does it start?
January 1, 2027.
What wording satisfies the law when it applies?
Wording substantially similar to "this performance features a synthetic performer" or "no human performer is depicted" (17610(c)).
Does the law ban AI ads?
No. It requires only the factual disclosure (17610(d)(1)-(2)).
Is this legal advice?
No. General information only.
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