Oppose New York “Synthetic Performer” Labeling Legislation S.1228C & A.606B Now
- The New York State Broadcasters Association
- May 27
- 2 min read
Updated: Jun 4
There are bills in the New York Senate (S.1228C) and Assembly (A.606B) that would require advertisers to include a label on any advertisement that contains a human image or voice that was created through AI. The definition of AI is so expansive that it could apply to just about any advertisement that was stored or modified in some way by a computer. Our concerns are as follows:
This is not a consumer bill; if advertising is false or the sponsor is not identified, we are liable under NY and Federal Law, regardless of whether AI is used.
This bill simply penalizes local stations for using new AI technology, even where the content of the advertisement is truthful.
The legislation is overbroad and applies to nearly all advertising appearing on local radio and TV stations.
Small businesses throughout New York are harmed by the increasing advertising costs. With new technologies, local broadcasters can provide low-cost advertising. Businesses do not want negative labels on their advertisements.
By requiring a label or imposing a fine, the legislation effectively limits the ability of a small New York business to access low-cost advertising. In addition, it effectively prevents stations from using new technology to compete against Big Tech.
The legislation drives advertising away from local broadcasters and towards Big Tech, because federal law §230 of the Communications Act limits the ability of the state to impose liability for the content on digital platforms.
Local radio stations are especially harmed because advertisers will not buy time on a station if they are required to place lengthy labels on popular 10, 15, and 30-second radio spots.
Stations receive thousands of advertisements per week from national program distributors. It is impossible to pre-screen these spots. Also, local stations may be bound to broadcast them under contract.
Communities suffer because a loss of advertising revenue harms a station’s ability to provide local news and public affairs programs.
We are asking stations, employees, and clients to weigh in to oppose the legislation. We have created a link on our website that will allow people to contact their local NY State Senator and Assemblyperson directly. We have also prepared radio and TV advertisements.
Contact your local New York Senator and Assemblyperson today. This is being considered by the NY Legislature this week. The legislative session lasts until June 15th.
You can see our memo opposing the legislation here.
Contact your local NY State Representative through our website here.
Our TV spot can be found here.
Our radio spot can be found here.
Please check with your GM before broadcasting the spots.
