S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1228--C
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- committee discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   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 a synthetic performer
 
   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 THE  PURPOSES  OF  THIS  SECTION,  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ARTIFICIAL  INTELLIGENCE", "ARTIFICIAL INTELLIGENCE TECHNOLOGY",
 OR "AI" MEANS A MACHINE-BASED SYSTEM  THAT  CAN,  FOR  A  GIVEN  SET  OF
 HUMAN-DEFINED  OBJECTIVES,  MAKE  PREDICTIONS, RECOMMENDATIONS, OR DECI-
 SIONS INFLUENCING REAL OR VIRTUAL ENVIRONMENTS, AND THAT  USES  MACHINE-
 AND  HUMAN-BASED  INPUTS  TO  PERCEIVE  REAL  AND  VIRTUAL ENVIRONMENTS,
 ABSTRACT SUCH PERCEPTIONS INTO MODELS THROUGH ANALYSIS IN  AN  AUTOMATED
 MANNER,  AND USE MODEL INFERENCE TO FORMULATE OPTIONS FOR INFORMATION OR
 ACTION.
   (B) "GENERATIVE ARTIFICIAL INTELLIGENCE" MEANS A CLASS  OF  ARTIFICIAL
 INTELLIGENCE  MODELS  THAT ARE SELF-SUPERVISED AND EMULATE THE STRUCTURE
 AND CHARACTERISTICS OF INPUT DATA TO GENERATE DERIVED SYNTHETIC CONTENT,
 INCLUDING, BUT NOT LIMITED TO, IMAGES, VIDEOS, AUDIO,  TEXT,  AND  OTHER
 DIGITAL CONTENT.
   (C)  "SYNTHETIC  PERFORMER"  MEANS  A DIGITALLY CREATED ASSET CREATED,
 REPRODUCED, OR MODIFIED BY COMPUTER, USING GENERATIVE ARTIFICIAL  INTEL-
 LIGENCE  OR  A  SOFTWARE  ALGORITHM,  THAT  IS  INTENDED  TO  CREATE THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00785-10-5
              
             
                          
                 S. 1228--C                          2
 
 IMPRESSION THAT THE ASSET IS ENGAGING IN AN AUDIO,  AUDIOVISUAL,  AND/OR
 VISUAL  PERFORMANCE  OF A HUMAN PERFORMER WHO IS NOT RECOGNIZABLE AS ANY
 IDENTIFIABLE NATURAL PERFORMER.
   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,
 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] SUCH PERSON'S true name, or  where  [he]  SUCH  PERSON  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] SUCH
 PERSON, in the class of property advertised or to be advertised for sale
 in such advertisement, shall make any false statement in relation to any
 of such items; or 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,  operator,  publisher,  agent  or  representative thereof a
 statement showing whether [he] SUCH PERSON is causing such advertisement
 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]  SUCH  PERSON'S  principal as well as in relation to [himself]
 SUCH PERSON, 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 FOR ANY COMMERCIAL PURPOSE MAKES,  PUBLISHES,  DISSEMINATES,
 CIRCULATES  OR PLACES BEFORE THE PUBLIC OR CAUSES, DIRECTLY OR INDIRECT-
 LY, 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 CONSPICUOUSLY
 DISCLOSE IN SUCH ADVERTISEMENT IF  A  SYNTHETIC  PERFORMER  IS  IN  SUCH
 ADVERTISEMENT,  WHERE  SUCH  PERSON HAS ACTUAL KNOWLEDGE. 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.  THIS  SECTION  SHALL  NOT  APPLY TO ADVERTISEMENTS AND PROMOTIONAL
 MATERIALS FOR EXPRESSIVE WORKS, INCLUDING BUT  NOT  LIMITED  TO,  MOTION
 PICTURES,  TELEVISION  PROGRAMS, STREAMING CONTENT, DOCUMENTARIES, VIDEO
 GAMES, OR OTHER SIMILAR AUDIOVISUAL WORKS, PROVIDED THAT THE  USE  OF  A
 SYNTHETIC  PERFORMER  IN  THE  ADVERTISEMENT  OR PROMOTIONAL MATERIAL IS
 CONSISTENT WITH ITS USE IN THE EXPRESSIVE WORK.
 S. 1228--C                          3
 
   5. NOTHING IN THIS SECTION SHALL LIMIT, REDUCE, OR ENLARGE ANY  RIGHTS
 ANY  PERSON  MAY  HAVE UNDER SECTION FIFTY, FIFTY-F, OR FIFTY-ONE OF THE
 CIVIL RIGHTS LAW OR UNDER ANY OTHER LAW.
   6. 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. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately.