Legislation

* § 396-b. Advertisements. 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 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 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 is causing such advertisement to appear or is offering to
make such sale or disposition or transaction, 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.

* NB Effective until June 9, 2026

* § 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
decisions 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. This definition includes but is not limited to
systems that use machine learning, large language model, natural
language processing, and computer vision technologies, including
generative artificial intelligence.

(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
intelligence or a software algorithm, that is intended to create the
impression that the asset is engaging in an 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 such person's true name, or where 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 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
such person is causing such advertisement to appear or is offering to
make such sale or disposition or transaction, 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 such person's principal as
well as in relation to 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 produces or creates an
advertisement respecting any such property or service, in any medium or
media in which such advertisement appears, shall conspicuously disclose
in such advertisement that 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.

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.

7. This section shall not apply to advertisements and promotional
materials in any of the following circumstances:

(a) Audio advertisements; or

(b) Where the use of artificial intelligence solely involves the
language translation of a human performer.

8. Nothing in this section shall apply to any medium used for
advertising, including, but not limited to, newspapers, magazines, and
television networks and stations, streaming services, cable television
systems, billboards, and transit advertisements, by whom any
advertisement or solicitation in violation of this section is published
or disseminated.

* NB Effective June 9, 2026