New York S 8420 (Relates to requiring advertisements to disclose the use of a synthetic performer)

Requires advertisers with actual knowledge to disclose the use of synthetic performers created using generative AI in advertisements. Imposes penalties for non-compliance. Excludes expressive works and certain audio-only or language translation uses from these requirements.

  • Authority: New York
  • Parent authority: State governments
  • Jurisdiction: United States
  • Collections: U.S. state and local documents
  • Most recent activity: Enacted
  • Most recent activity date: 2025-12-11

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

  • False or misleading information
  • Lack of transparency or interpretability

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • Fraud, scams, and targeted manipulation

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document primarily addresses risks related to false or misleading information (3.1) and lack of transparency (7.4) by requiring disclosure of synthetic performers in advertisements. It has minimal coverage of fraud and manipulation risks (4.3) through its disclosure requirements. Coverage is concentrated in misinformation prevention and transparency domains.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Professional & Technical Services
  • Arts, Entertainment & Recreation

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • Agriculture, Mining, Construction & Manufacturing
  • Trade, Transportation & Utilities
  • Information
  • Finance & Insurance
  • Real Estate, Rental & Leasing
  • Health Care & Social Assistance
  • Accommodation, Food & Other Services

All other sectors had no coverage in this document.

Sectors Summary

The document governs advertising practices across multiple economic sectors. Any business that advertises commercial products or services using synthetic performers falls under this regulation, with explicit exemptions for expressive works in the arts and entertainment sector. The regulation is cross-sectoral in nature, applying broadly to any commercial advertising.

Legislative Status

Hard Law

Legislative Status Summary

This is a New York State legislative act that amends the general business law with mandatory disclosure requirements and enforceable civil penalties for violations.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Summary: The document is a legislative act proposed by the New York State Legislature, as indicated by the standard legislative format and enacting clause.

Target

  • Entity Types: AI_Deployer
  • Summary: The legislation explicitly targets advertisers and businesses that use synthetic performers created with generative AI in their commercial advertisements.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Summary: Enforcement mechanisms include civil penalties and misdemeanor charges, which would be enforced through New York State legal and regulatory systems, though specific enforcement bodies are not explicitly named.

Monitor

  • Summary: The document does not specify any monitoring bodies or oversight mechanisms for tracking compliance with the disclosure requirements.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document primarily covers the Deploy and Operate stages of the AI lifecycle, focusing on the use and disclosure of AI-generated synthetic performers in commercial advertisements. It does not address earlier stages like planning, data collection, or model building.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

  • AI Models
  • AI Systems
  • Generative AI

Technical Scope Summary

The document explicitly defines and covers artificial intelligence, generative artificial intelligence, and synthetic performers created using generative AI. It does not mention frontier AI, general purpose AI, foundation models, specific compute thresholds, or open-weight models.

https://www.nysenate.gov/legislation/bills/2025/S8420/amendment/original
https://agora.eto.tech/instrument/3767
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Document data from AGORA, CSET Emerging Technology Observatory.