S. 8451 2
3. AS SUCH, THE GOVERNMENT HAS A STRONG INTEREST IN THE PRESERVATION
OF HUMAN NEWS WORK. THERE IS AN URGENT NEED TO PREVENT NEWS COMPANIES
FROM USING ARTIFICIAL INTELLIGENCE AT THE EXPENSE OF BOTH THE BROADER
PUBLIC AND OF NEWS WORKERS, INCLUDING HUMAN REPORTERS, EDITORS, NEWS
WRITERS, DIRECTORS, PRODUCERS, VOICE ACTORS, GRAPHIC DESIGNERS AND OTHER
NEWSROOM PROFESSIONALS.
4. IT IS THEREFORE THE INTENT OF THE LEGISLATURE TO ESTABLISH CLEAR,
MEANINGFUL PROTECTIONS FOR BOTH JOURNALISTS AND THE BROADER PUBLIC TO
ENSURE THAT THE INTEGRITY OF THE NEWS AND ITS WORKFORCE ARE SAFEGUARDED.
§ 1151. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "ARTIFICIAL INTELLIGENCE", "ARTIFICIAL INTELLIGENCE TECHNOLOGY", OR
"AI" MEANS A MACHINE-BASED SYSTEM THAT CAN, FOR A GIVEN SET OF HUMAN-DE-
FINED OBJECTIVES, MAKE PREDICTIONS, RECOMMENDATIONS, OR DECISIONS INFLU-
ENCING 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.
2. "AUTOMATED EMPLOYMENT DECISION-MAKING TOOL" SHALL MEAN ANY SOFTWARE
THAT USES ALGORITHMS, COMPUTATIONAL MODELS, OR ARTIFICIAL INTELLIGENCE
TECHNIQUES, OR A COMBINATION THEREOF, TO MATERIALLY AUTOMATE OR REPLACE
HUMAN DECISION-MAKING REGARDING EMPLOYMENT, INCLUDING BUT NOT LIMITED TO
WAGES AND OTHER COMPENSATION, HIRING, SELECTION FOR RECRUITMENT, DISCI-
PLINE, PROMOTION, AND TERMINATION. "AUTOMATED EMPLOYMENT DECISION-MAKING
TOOL" SHALL NOT INCLUDE ANY SOFTWARE USED PRIMARILY FOR BASIC COMPUTER-
IZED PROCESSES, SUCH AS CALCULATORS, SPELLCHECK TOOLS, AUTOCORRECT FUNC-
TIONS, SPREADSHEETS, ELECTRONIC COMMUNICATIONS, OR ANY TOOL THAT RELATES
ONLY TO INTERNAL MANAGEMENT AFFAIRS SUCH AS ORDERING OFFICE SUPPLIES OR
PROCESSING PAYMENTS, AND THAT DO NOT MATERIALLY AFFECT THE RIGHTS,
LIBERTIES, BENEFITS, SAFETY OR WELFARE OF ANY INDIVIDUAL WITHIN THE
STATE.
3. "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.
4. "NEWS MEDIA" SHALL MEAN ANY PUBLICATION OR PROGRAMMING, REGARDLESS
OF THE MEDIUM OR METHOD OF DISTRIBUTION, THAT PROVIDES NEWS, WEATHER,
TRAFFIC, SPORTS, OR ENTERTAINMENT REPORTS OR PROGRAMMING. THIS INCLUDES
BUT IS NOT LIMITED TO NEWSPAPERS, MAGAZINES, JOURNALS, PERIODICALS,
WEBSITES, NEWSLETTERS, TELEVISION OR CABLE PROGRAMMING, RADIO OR PODCAST
PROGRAMMING, AND INTERNET OR SATELLITE-BASED CONTENT.
§ 1152. DISCLOSURE TO NEWS MEDIA WORKERS. NEWS MEDIA EMPLOYERS SHALL
FULLY DISCLOSE TO WORKERS WHEN AND HOW ANY GENERATIVE ARTIFICIAL INTEL-
LIGENCE TOOL IS USED IN THE WORKPLACE AS IT RELATES TO THE CREATION OF
CONTENT, INCLUDING, BUT NOT LIMITED TO, WRITING, RECORDINGS AND TRAN-
SCRIPTS. SUCH DISCLOSURE SHALL INCLUDE A DESCRIPTION OF THE ARTIFICIAL
INTELLIGENCE SYSTEM AND A SUMMARY OF THE PURPOSE AND USE OF SUCH SYSTEM.
§ 1153. DISCLOSURE TO CONSUMERS. ANY NEWS MEDIA CONTENT PUBLISHED,
BROADCAST, OR OTHERWISE DISSEMINATED OR ACCESSIBLE WITHIN THE STATE OF
NEW YORK, WHICH WAS SUBSTANTIALLY COMPOSED, AUTHORED, OR OTHERWISE
CREATED THROUGH THE USE OF GENERATIVE ARTIFICIAL INTELLIGENCE SHALL
CONSPICUOUSLY IMPRINT ON THE TOP OF THE PAGE, WEBPAGE, IMAGE, GRAPHIC,
VIDEO OR OTHER VISUAL OR AUDIO/VISUAL CONTENT, OR VERBALLY ORATE AT THE
ONSET OF AUDIO CONTENT, THAT SUCH CONTENT WAS SUBSTANTIALLY CREATED BY
S. 8451 3
GENERATIVE ARTIFICIAL INTELLIGENCE. IF THE CONTENT IS ELIGIBLE FOR COPY-
RIGHT REGISTRATION SUCH DISCLOSURE REQUIREMENT SHALL NOT APPLY.
§ 1154. OVERSIGHT OF ARTIFICIAL INTELLIGENCE SYSTEMS. ANY NEWS MEDIA
CONTENT, INCLUDING STORIES, ARTICLES, AUDIO, VISUALS OR IMAGES, WHICH
ARE CREATED IN WHOLE OR IN MATERIAL PART BY GENERATIVE ARTIFICIAL INTEL-
LIGENCE SHALL BE REVIEWED BY A HUMAN WORKER WHO HAS THE AUTHORITY TO
APPROVE, DENY, OR MODIFY ANY DECISION RECOMMENDED OR MADE BY THE AUTO-
MATED SYSTEM BEFORE SUCH CONTENT MAY BE PUBLISHED WITH THE DISCLOSURE
UNDER SECTION ELEVEN HUNDRED FIFTY-THREE OF THIS ARTICLE.
§ 1155. WORKPLACE PROTECTIONS. 1. NEWS MEDIA EMPLOYERS SHALL NOT
DIRECTLY OR THROUGH A THIRD PARTY AUTHORIZE THE TRAINING OF A GENERATIVE
ARTIFICIAL INTELLIGENCE SYSTEM ON THE WORK PRODUCT OF A NEWS MEDIA WORK-
ER WITHOUT NOTICE, CONSENT AND AN OPPORTUNITY TO BARGAIN OVER APPROPRI-
ATE REMUNERATION. A NEWS MEDIA EMPLOYER SHALL NOT PENALIZE A NEWS MEDIA
WORKER FOR DECLINING TO CONSENT TO ALLOW THEIR WORK PRODUCT TO BE USED
TO TRAIN A GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM.
2. (A) THE USE OF GENERATIVE ARTIFICIAL INTELLIGENCE OR AUTOMATED
EMPLOYMENT DECISION-MAKING TOOLS SHALL NOT DIMINISH (I) THE EXISTING
RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAINING AGREE-
MENT; OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG EMPLOYEE
ORGANIZATIONS OR THE BARGAINING RELATIONSHIPS BETWEEN THE EMPLOYER AND
AN EMPLOYEE ORGANIZATION.
(B) THE USE OF GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEMS SHALL NOT
RESULT IN: (I) DISCHARGE, DISPLACEMENT OR LOSS OF POSITION, INCLUDING
PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVERTIME
WORK, WAGES, OR EMPLOYMENT BENEFITS, OR RESULT IN THE IMPAIRMENT OF
EXISTING COLLECTIVE BARGAINING AGREEMENTS; OR (II) TRANSFER OF EXISTING
DUTIES AND FUNCTIONS PREVIOUSLY PERFORMED BY EMPLOYEES OR WORKERS.
§ 3. Section 79-h of the civil rights law is amended by adding a new
subdivision (h) to read as follows:
(H) EMPLOYERS OF PROFESSIONAL JOURNALISTS AND NEWSCASTERS SHALL ESTAB-
LISH SAFEGUARDS TO PROTECT JOURNALISTIC SOURCES AND CONFIDENTIAL MATERI-
ALS GATHERED THROUGH LOCATION TRACKING, SURVEILLANCE OR ANY OTHER MEANS,
WHICH CAN BE ACCESSED BY ANY ARTIFICIAL INTELLIGENCE TECHNOLOGY, AS
DEFINED BY SECTION ELEVEN HUNDRED FIFTY-ONE OF THE GENERAL BUSINESS LAW.
§ 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion or section 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 or section thereof
directly involved in the controversy in which such judgment 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.
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law.