New York State now requires advertisers to disclose when ads feature AI-Generated humans referred to in the law as “synthetic performers” that are intended to give the impression that they are real human people. Advertisers can be fined $1,000 for the first violation and $5,000 for violations thereafter. See Senate Bill 8420 signed into law in January 2026.
If your ad creatives include images of human beings generated by AI, you need a disclaimer on your ad if you wish to run the ad campaign in the state of New York.
What is a Synthetic Performer?
The law defines a "synthetic performer" as a digitally created asset that:
- Is created, reproduced, or modified by computer, using generative AI or a software algorithm.
- Is intended to give the impression that it is engaging in an audiovisual or visual performance of a human performer who is not recognizable as any identifiable natural person.
What should the disclaimer say?
New York has not yet prescribed the specific disclosure. Anything that plainly advises consumers that the humans in the ad are AI-Generated Synthetic Performers should satisfy the requirement.
Here are some options:
- “Ad Contains Synthetic Performer” (words: 4 characters: 31)
- “AI Generated Synthetic Performer” (words:4 characters: 32)
- “AI-Generated Human(s) in this Ad” (words: 6 characters: 33)
- "No Humans Used (or harmed) in this Ad. AI Generated" (words: 10 characters: 52) (upper/lower case use at discretion)
- "No Humans Used (or harmed) in this Ad. AI Generated Synthetic Performer." (words: 12 characters: 72) (upper/lower case use at discretion)
Is there a font, size, or color for the disclaimer?
No. The New York law only states that advertisers must “conspicuously disclose” that the advertisement contains a synthetic performer but does not define what “conspicuous” means.
At a minimum, the disclosure must be noticeable, legible, and understandable to reasonable consumers. This means the font should be legible for an average consumer on the medium it is displayed (e.g., no 12-point type on a large billboard viewed from a car or train) and should be in a color font that will make it, well, conspicuous.
Can I be fined if I do not label my Ads?
Yes. If your ad features synthetic performers but has no disclosure, you can be fined $1,000 for the first offense and $5,000 for any violation thereafter.
Is this for New York only?
New York State is the first jurisdiction to impose this disclaimer requirement, but variations
are coming into effect soon in other US States and Europe. Europe’s AI EU Act section 50 transparency requirements come into effect in August 2026 and will include a universal icon (not yet published or released) to identify humans and deepfakes as AI-Generated.