New York Sets Strict AI and Deepfake Advertising Laws
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New York is setting firm boundaries on the use of artificial intelligence in advertising, as concerns grow over deepfake technology’s potential to mislead consumers and manipulate public opinion. Lawmakers are moving to regulate how AI-generated content is deployed in media campaigns.
TL;DR
- New York passes strict new AI rules for entertainment.
- Laws protect artists’ images and require clear disclosure.
- Federal-state tensions persist over AI regulation approaches.
A Turning Point for AI Regulation in New York
As the use of artificial intelligence accelerates across industries, New York has positioned itself at the forefront of responsible tech governance. In an environment where innovation outpaces oversight, two groundbreaking laws now impose tighter controls on how AI-generated content appears in the world of entertainment and advertising. These legislative moves are anything but isolated—other states across the U.S. are closely watching or pursuing similar pathways.
Clearer Rules for Synthetic Performers and Posthumous Rights
Signed into law by Governor Kathy Hochul, this fresh legal framework brings two major changes. First, any advertisement featuring an “AI generated synthetic performer” must now be explicitly labeled as such, ensuring viewers aren’t misled by digital replicas. Second, commercial use of a deceased person’s name, likeness or image will require formal consent from heirs or designated executors. This measure comes in response to mounting concerns over how modern technology can replicate not only the living but those who have passed away—a prospect that had long gone unregulated.
During the signing ceremony, Governor Hochul summed up the sentiment: these rules introduce “common sense safeguards guaranteeing transparency and respect after an artist’s death.” The intent is not just consumer protection, but also preserving dignity for creators whose legacy could otherwise be exploited by emerging technologies.
The Shadow of Union Negotiations and Deepfake Fears
Recent history reveals what prompted lawmakers to act. The influential union SAG-AFTRA, during its 2023 strike, fiercely resisted the unauthorized use of actors’ digital likenesses—a phenomenon stoked by so-called “deepfakes.” Ultimately, their new contract laid down several principles:
- Explicit consent before any digital reproduction of a performer.
- A fresh approval for each subsequent use.
- A pre-negotiated fee for every digital appearance.
This union victory has served as a template for state-level action, seeking to address legal loopholes left wide open by technological advances.
The Tug-of-War Over Regulatory Power
Yet New York’s approach faces resistance—not least from figures close to federal power structures. Advisor and investor David Sacks, among others, reportedly lobbied hard against local regulatory initiatives. Early drafts of the controversial “Big Beautiful Bill” even included proposals to prohibit any state-level action on AI oversight. Meanwhile, former President Donald Trump, with strong ties to tech industry leaders, has announced intentions to issue a new executive order touching directly on these contentious issues.
Whether New York’s effort to safeguard creative rights and public trust will ultimately set a national standard—or fall prey to broader attempts at regulatory harmonization—remains an open question in America’s ongoing debate over AI governance.