Senate Bill S1228A

2025-2026 Legislative Session

Relates to requiring advertisements to disclose the use of a synthetic performer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection 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

2025-S1228 - Details

See Assembly Version of this Bill:
A606
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §396-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2021-2022: A6758
2023-2024: S6859, A216

2025-S1228 - 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.

2025-S1228 - Sponsor Memo

2025-S1228 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1228
 
                        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
 
 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;
   (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
 PERCEPTION,  PLANNING,  REASONING,  LEARNING,  COMMUNICATING,   DECISION
 MAKING, AND ACTING.
   (B)  FOR  PURPOSES  OF  THIS  SECTION,  "SYNTHETIC  PERFORMER" MEANS A
 DIGITALLY CREATED ASSET CREATED, REPRODUCED, OR  MODIFIED  BY  COMPUTER,
 USING  GENERATIVE  ARTIFICIAL INTELLIGENCE OR A SOFTWARE ALGORITHM, THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00785-01-5
              

2025-S1228A (ACTIVE) - Details

See Assembly Version of this Bill:
A606
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §396-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2021-2022: A6758
2023-2024: S6859, A216

2025-S1228A (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.

2025-S1228A (ACTIVE) - Sponsor Memo

2025-S1228A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1228--A
 
                        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
 
 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00785-05-5
              

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