What is the fine for not disclosing an AI synthetic performer in a New York ad?
Quick answer
$1,000 for a first violation and $5,000 for each later one. Since June 9, 2026, New York General Business Law 396-b requires anyone who produces or creates a commercial ad to conspicuously disclose a synthetic performer when they actually know one is used. Audio-only ads and AI used only to translate a human performer are excluded.
Effective Jan 1, 2027: California ads that prominently feature an AI synthetic performer need a disclosure (SB 1050, Bus. & Prof. Code 17610). Source: California Legislative Information, SB 1050
Short version: the answer is above. If you need to comply, the California AI synthetic performer ad disclosure kit gives you the templates, checklist and official sources for this law. $49 one-time, instant download.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Law | N.Y. General Business Law 396-b(3), from bill S8420-A, signed December 2025 | Official source |
| In force | June 9, 2026 (Governor's announcement) | Official source |
| Who must disclose | A person dealing in property or services who produces or creates an ad for a commercial purpose, in any medium, when it has actual knowledge of a synthetic performer | Official source |
| Synthetic performer | A digital asset made or modified with generative AI or a software algorithm to look like a human performer who is not recognizable as any identifiable person (396-b(1)(c)) | Official source |
| Fine | $1,000 for a first violation; $5,000 for any subsequent violation (396-b(3)) | Official source |
| Exclusions | Audio ads; AI used only to translate a human performer; promos for films, shows and games consistent with the work; the media that only publish the ad (396-b(4), (7), (8)) | Official source |
| California | A similar disclosure rule starts January 1, 2027 (SB 1050, Bus. & Prof. Code 17610) | Official source |
| Last verified | October 20, 2026 | Astor Ventures |
Who has to add the disclosure?
The business that deals in the advertised property or service and produces or creates the ad for a commercial purpose, when it actually knows a synthetic performer is in it. The rule covers any medium in which the ad appears. Newspapers, TV stations, streaming services, billboards and other media that only publish or carry the ad are excluded.
What counts as a synthetic performer?
A digitally created asset, made, reproduced or modified by computer with generative AI or a software algorithm, that is meant to look like a human performing on screen or in images but is not recognizable as any real, identifiable person. Section 396-b leaves rights under Civil Rights Law sections 50, 50-f and 51 unchanged.
How does New York compare with California?
New York's rule has applied since June 9, 2026, with fixed fines of $1,000 and then $5,000. California's SB 1050 (Bus. & Prof. Code 17610) starts January 1, 2027 for ads that prominently include a synthetic performer and is enforced as false advertising rather than with a fixed fine in the section itself.
Want it done in an afternoon? The California AI synthetic performer ad disclosure kit turns these rules into fill-in templates, a checklist and a tracker, with the official sources quoted. One-time payment, instant download.
What else do people ask?
Does the law cover social media ads?
Yes. It applies to ads in any medium, and the Governor's office pointed to social media and digital advertising.
Are AI voice-only radio or podcast ads covered?
No. Audio advertisements are excluded.
Is there required wording?
The statute requires a conspicuous disclosure that a synthetic performer is in the ad; it does not prescribe exact words.
Is this legal advice?
No. General information only.
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