Modern York Gov. Kathy Hochul signed a bill Thursday that will require advertisers to determine whether an ad contains people generated by artificial intelligence. Hochula announcement stated that the S.8420-A/A.8887-B bill is the first of its kind in the US, calling it a “common sense” law that will provide greater transparency and consumer protection. A separate bill also signed by Hochul requires entities to obtain consent from the heirs or executors of a will to operate a deceased person’s name or likeness for commercial purposes.
The bills are particularly vital for the film industry and actors, for whom the operate of artificial intelligence (and remuneration) is one of the most pressing issues facing the profession. In a joint press release with Hochul SAG-AFTRA Executive Director Duncan Crabtree-Ireland celebrated the signing of the contract.
“These protections are a direct result of artists, lawmakers and advocates working together to address the very real and immediate threats posed by the unchecked use of artificial intelligence,” Crabtree-Ireland said. The Disclosure Act states that an advertisement must be “conspicuous” if the advertisement includes a synthetic avatar that does not correspond to a real human being. The Deceased Images Act is part of state publicity laws – there is no federal publicity right, just a collection of uneven state laws, many of which are not updated for the era of generative AI.
In some specific cases, disclosure is not necessary: if the advertising or promotional material relates to an “expressive work”, such as a film, television program or video game, where the artificial intelligence avatar in the advertising is consistent with its operate in the work. Outlet of state politics Modern York in the spotlight reported that at least several state agencies have used artificial intelligence to create ads, although in some cases they may be exempt because they are considered public service announcements.
Violations of the disclosure requirement result in a fine of $1,000 for the first time and up to $5,000 for subsequent cases.