Assembly Bill A6758A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6758--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Consumer Affairs and Protection  --  recommitted  to  the
   Committee on Consumer Affairs and Protection in accordance with Assem-
   bly  Rule  3,  sec.  2  -- committee discharged, bill amended, 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:
 
   Section 1. Section 396-b of the general  business  law,  as  added  by
 chapter 1031 of the laws of 1965, is amended to read as follows:
   § 396-b. Advertisements. 1.  FOR PURPOSES OF THIS SECTION, THE FOLLOW-
 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "SYNTHETIC  MEDIA"  MEANS A COMPUTER-GENERATED VOICE, PHOTOGRAPH,
 IMAGE, OR LIKENESS CREATED OR MODIFIED THROUGH  THE  USE  OF  ARTIFICIAL
 INTELLIGENCE  AND INTENDED TO PRODUCE OR REPRODUCE A HUMAN VOICE, PHOTO-
 GRAPH, IMAGE, OR LIKENESS, OR A VIDEO CREATED  OR  MODIFIED  THROUGH  AN
 ARTIFICIAL   INTELLIGENCE  ALGORITHM  THAT  IS  CREATED  TO  PRODUCE  OR
 REPRODUCE A HUMAN LIKENESS.
   2. Any person, firm, corporation or association, or agent or  employee
 thereof,  hereinafter  called person, who, being engaged in the business
 of dealing in any property, makes, publishes,  disseminates,  circulates
 or  places  before  the  public or causes, directly or indirectly, to be
 made, published, disseminated, circulated or placed before  the  public,
 in  this  state,  any advertisement respecting any such property, in any
 newspaper, magazine, or other publication, or over any radio station  or
 television  station,  unless it is stated in any such advertisement that
 the advertiser is a dealer in such property or from the context  of  any
 such  advertisement,  it plainly appears that such person is a dealer in
 such property so offered for sale in any  such  advertisement;  or  when
 placing  or  causing  any such advertisement to appear in any newspaper,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03852-04-2
              

 A. 6758--A                          2
 
 magazine  or  other  publication  or  radio  or  television  station  as
 described  in  this  section,  if requested by the publisher of any such
 newspaper, magazine or other publication or owner or  operator  of  such
 radio  or  television  station or any agent or representative thereof to
 file with such owner or operator,  publisher,  agent  or  representative
 thereof  his true name, or where he is transacting business under a name
 other than the true name pursuant to law, then the name under which such
 business is transacted, and each business address wherein  any  business
 is  transacted  by  him,  in  the  class of property advertised or to be
 advertised for sale in such advertisement, shall make any  false  state-
 ment  in relation to any of such items; or if requested by the publisher
 of any such newspaper, magazine or other publication or owner or  opera-
 tor  of  such radio or television station or any agent or representative
 thereof to file with such owner, operator, publisher, agent or represen-
 tative thereof a statement showing whether he is causing such advertise-
 ment to appear or is offering to make such sale or disposition or trans-
 action, as herein set forth, as principal or agent, and if as agent,  to
 set  forth such information as is specified in this section, in relation
 to his principal as well as in relation to himself, shall make any false
 statement in relation to any of such items; is guilty of a misdemeanor.
   3. ANY PERSON ENGAGED IN THE BUSINESS OF DEALING IN  ANY  PROPERTY  OR
 SERVICE  WHO MAKES, PUBLISHES, DISSEMINATES, CIRCULATES OR PLACES BEFORE
 THE PUBLIC OR CAUSES, DIRECTLY OR INDIRECTLY,  TO  BE  MADE,  PUBLISHED,
 DISSEMINATED,  CIRCULATED  OR PLACED BEFORE THE PUBLIC ANY ADVERTISEMENT
 RESPECTING ANY SUCH PROPERTY OR SERVICE, IN ANY MEDIUM OR MEDIA IN WHICH
 SUCH ADVERTISEMENT APPEARS, SHALL  DISCLOSE  IN  SUCH  ADVERTISEMENT  IF
 SYNTHETIC MEDIA IS IN SUCH ADVERTISEMENT.
   (A)  IF  SYNTHETIC MEDIA HAS BEEN USED IN ANY ADVERTISEMENT UNDER THIS
 SECTION TO CREATE A MODEL THAT APPEARS TO DEPICT A NATURAL PERSON,  SUCH
 ADVERTISEMENT  SHALL INCLUDE A DISCLAIMER WHICH CLEARLY STATES THAT SUCH
 MODELS FEATURED IN SUCH ADVERTISEMENT ARE SYNTHETIC,  DO  NOT  DEPICT  A
 NATURAL PERSON, AND ARE GENERATED TO CREATE A HUMAN LIKENESS.
   (B) IT SHALL NOT BE A DEFENSE TO AN ACTION UNDER THIS OR ANY OTHER LAW
 THAT THE DISCLAIMER REQUIRED UNDER PARAGRAPH (A) OF THIS SUBDIVISION HAS
 BEEN  INCLUDED  IF  THE SYNTHETIC MEDIA DEPICTS A NATURAL PERSON WITHOUT
 SUCH NATURAL PERSON'S CONSENT.
   (C) A VIOLATION OF THIS SUBDIVISION SHALL RESULT IN A CIVIL PENALTY OF
 ONE THOUSAND DOLLARS FOR A FIRST VIOLATION, AND  FIVE  THOUSAND  DOLLARS
 FOR ANY SUBSEQUENT VIOLATION.
   4. NOTHING IN THIS SECTION SHALL LIMIT OR REDUCE ANY RIGHTS ANY PERSON
 MAY  HAVE UNDER SECTION FIFTY, FIFTY-F, OR FIFTY-ONE OF THE CIVIL RIGHTS
 LAW OR UNDER ANY OTHER LAW.
   5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, OR TO ENLARGE,
 THE PROTECTIONS THAT 47 U.S.C. SECTION 230  CONFERS  ON  AN  INTERACTIVE
 COMPUTER  SERVICE  FOR  CONTENT  PROVIDED BY ANOTHER INFORMATION CONTENT
 PROVIDER, AS SUCH TERMS ARE DEFINED IN 47 U.S.C. SECTION 230.
   § 2. This act shall take effect immediately.