Assembly Bill A216A

2023-2024 Legislative Session

Relates to requiring advertisements to disclose the use of synthetic media

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-A216 - Details

See Senate Version of this Bill:
S6859
Current Committee:
Assembly Rules
Law Section:
General Business Law
Laws Affected:
Amd §396-b, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
A6758

2023-A216 - Summary

Requires advertisements to disclose the use of a synthetic performer; imposes a $1,000 civil penalty for a first violation and a $5,000 penalty for any subsequent violation.

2023-A216 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    216
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 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,
 magazine  or  other  publication  or  radio  or  television  station  as
 described  in  this  section,  if requested by the publisher of any such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-A216A - Details

See Senate Version of this Bill:
S6859
Current Committee:
Assembly Rules
Law Section:
General Business Law
Laws Affected:
Amd §396-b, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
A6758

2023-A216A - Summary

Requires advertisements to disclose the use of a synthetic performer; imposes a $1,000 civil penalty for a first violation and a $5,000 penalty for any subsequent violation.

2023-A216A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  216--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Consumer Affairs and Protection -- 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, "SYNTHETIC
 MEDIA" MEANS ANY HUMAN VOICE, PHOTOGRAPH, IMAGE, VIDEO  OR  OTHER  HUMAN
 LIKENESS  CREATED, REPRODUCED, OR MODIFIED BY COMPUTER, USING ARTIFICIAL
 INTELLIGENCE OR SOFTWARE ALGORITHM, TO BE INDISTINGUISHABLE TO A REASON-
 ABLE VIEWER FROM A NATURAL PERSON.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-A216B - Details

See Senate Version of this Bill:
S6859
Current Committee:
Assembly Rules
Law Section:
General Business Law
Laws Affected:
Amd §396-b, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
A6758

2023-A216B - Summary

Requires advertisements to disclose the use of a synthetic performer; imposes a $1,000 civil penalty for a first violation and a $5,000 penalty for any subsequent violation.

2023-A216B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  216--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, GLICK -- read once and referred to
   the  Committee  on  Consumer  Affairs  and  Protection  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  -- again reported from said committee with amend-
   ments, 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.   (A) FOR THE PURPOSES OF THIS SECTION,
 "GENERATIVE ARTIFICIAL INTELLIGENCE" MEANS  THE USE OF MACHINE  LEARNING
 TECHNOLOGY,  SOFTWARE, AUTOMATION,   AND  ALGORITHMS  TO  PERFORM TASKS,
 TO MAKE RULES  AND/OR  PREDICTIONS  BASED  ON  EXISTING  DATA  SETS  AND
 INSTRUCTIONS, INCLUDING, BUT NOT LIMITED TO:
   (I) ANY ARTIFICIAL SYSTEM THAT PERFORMS TASKS UNDER VARYING AND UNPRE-
 DICTABLE  CIRCUMSTANCES WITHOUT SIGNIFICANT HUMAN OVERSIGHT, OR THAT CAN
 LEARN FROM EXPERIENCE AND IMPROVE PERFORMANCE WHEN EXPOSED TO DATA SETS;
   (II)  AN  ARTIFICIAL  SYSTEM  DEVELOPED IN COMPUTER SOFTWARE, PHYSICAL
 HARDWARE, OR  OTHER  CONTEXT  THAT  SOLVES  TASKS  REQUIRING  HUMAN-LIKE
 PERCEPTION,  COGNITION,  PLANNING,  LEARNING, COMMUNICATION, OR PHYSICAL
 ACTION;
   (III) AN  ARTIFICIAL  SYSTEM  DESIGNED  TO THINK OR ACT LIKE A  HUMAN,
 INCLUDING COGNITIVE ARCHITECTURES AND NEURAL NETWORKS;
   (IV) A SET OF TECHNIQUES, INCLUDING MACHINE LEARNING, THAT IS DESIGNED
 TO APPROXIMATE A COGNITIVE TASK; AND/OR
   (V) AN ARTIFICIAL SYSTEM DESIGNED  TO  ACT  RATIONALLY,  INCLUDING  AN
 INTELLIGENT  SOFTWARE  AGENT OR EMBODIED ROBOT THAT ACHIEVES GOALS USING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01400-06-3
              

co-Sponsors

2023-A216C (ACTIVE) - Details

See Senate Version of this Bill:
S6859
Current Committee:
Assembly Rules
Law Section:
General Business Law
Laws Affected:
Amd §396-b, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
A6758

2023-A216C (ACTIVE) - Summary

Requires advertisements to disclose the use of a synthetic performer; imposes a $1,000 civil penalty for a first violation and a $5,000 penalty for any subsequent violation.

2023-A216C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  216--C
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, GLICK, GUNTHER, LEVENBERG, SHIMSKY,
   SIMON, ZACCARO, SANTABARBARA, BRONSON -- read once and referred to the
   Committee  on Consumer Affairs and Protection -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  --  again  reported  from  said  committee with amendments,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   recommitted  to  the  Committee  on Consumer Affairs and Protection in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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.   (A) FOR THE PURPOSES OF THIS SECTION,
 "GENERATIVE ARTIFICIAL INTELLIGENCE" MEANS  THE USE OF MACHINE  LEARNING
 TECHNOLOGY,  SOFTWARE, AUTOMATION,   AND  ALGORITHMS  TO  PERFORM TASKS,
 TO MAKE RULES  AND/OR  PREDICTIONS  BASED  ON  EXISTING  DATA  SETS  AND
 INSTRUCTIONS, INCLUDING, BUT NOT LIMITED TO:
   (I) ANY ARTIFICIAL SYSTEM THAT PERFORMS TASKS UNDER VARYING AND UNPRE-
 DICTABLE  CIRCUMSTANCES WITHOUT SIGNIFICANT HUMAN OVERSIGHT, OR THAT CAN
 LEARN FROM EXPERIENCE AND IMPROVE PERFORMANCE WHEN EXPOSED TO DATA SETS;
   (II)  AN  ARTIFICIAL  SYSTEM  DEVELOPED IN COMPUTER SOFTWARE, PHYSICAL
 HARDWARE, OR  OTHER  CONTEXT  THAT  SOLVES  TASKS  REQUIRING  HUMAN-LIKE
 PERCEPTION,  COGNITION,  PLANNING,  LEARNING, COMMUNICATION, OR PHYSICAL
 ACTION;
   (III) AN  ARTIFICIAL  SYSTEM  DESIGNED  TO THINK OR ACT LIKE A  HUMAN,
 INCLUDING COGNITIVE ARCHITECTURES AND NEURAL NETWORKS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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