Governor Hochul Signs “Synthetic Performers” AI Legislation Into Law With Broadcast Protections

Last Thursday, Governor Hochul signed legislation that would require disclosures on advertisements that contain computer generated voices or images.  NYSBA was very much involved in crafting the legislation.  As a result, the new law contains important safeguards to protect local broadcasters. 

• Radio and Audio Only Ads Exempt:  Audio-only advertisements (radio & podcasts) are completely exempt from the legislation.

• Video Advertisements: Liability on Creator, Not Stations Broadcasting Ads from Other Program Suppliers:  The obligation to include a disclosure for using a computer-generated “synthetic performer” rest solely with the creator or producer of the advertisement.  Liability for failing to put on a disclosure would rest with the creator of the advertisement.  This means a station or digital service would not be liable for advertisements provided by a third-party programmer such as a network, syndicator or ad agency.  The station would be liable only where it has created the ad and knowingly uses a computer-generated voice or image and did not place a disclosure in the advertisement.  Thus, if a TV station creates an ad for a commercial client, it will be responsible for including a disclosure label if it uses a computer-generated “synthetic performer.”  Local TV stations using new AI systems must insert a disclosure if there is a computer-generated human character and voice in the advertisement.

• Content of Disclosure Left Up to Ad Creator: The legislation does not prescribe language for the disclosure.  At this point, the language used in the video disclosure is left up to the creator.  However, we expect the regulations to be adopted to implement the legislation that may try to mandate a specific label.

• Language Translations are Excluded:  Translating an ad from one language to another is not considered to be using a “synthetic performer.” 

• Effective Date: The law goes into effect in 180 days. 

  
  

While not perfect, the new law does protect TV stations from liability for advertisements that are not created by the station.  Interestingly, it would apply to all computer-generated human images or voices.  As a technical matter, this means that a cartoon character with a human image appearing in an advertisement, e.g., Mr. Clean, may require a disclosure label.  The law will apply to advertisements appearing on digital services.

Ironically, Governor Hochul signed the legislation on the same day President Trump issued his Executive Order blocking state “AI” regulations (See story here).  We have no doubt that the Department of Justice will review this new law to see whether it complies with the Administrations new AI policy.   

You can see the text of the new law here.