New York AI Advertising Disclosure Requirements: Synthetic Characters and Digital Replicas

New York AI advertising legislation requires clear disclosure when commercial content uses synthetic characters or digital replicas. Advertisers must inform viewers that AI-generated personas, voices, or likenesses are not real people or unauthorized recreations of actual individuals. Legal Framework: The disclosure mandates apply to any commercial content distributed in New York, including social media ads, television commercials, digital marketing, and sponsored content. The legislation aims to protect consumer transparency and prevent deceptive advertising practices using realistic AI-generated content. Disclosure Placement: Required disclosures must appear prominently at the beginning of the content or continuously during AI character appearances. The notification should be clearly visible or audible, using plain language that average consumers can understand. Text disclosures must meet minimum size and contrast requirements to ensure readability. Scope of Application: These requirements cover AI-generated spokespersons, virtual influencers, digitally recreated celebrity likenesses, synthetic voice representations, and any computer-generated characters presented as real or based on real individuals without explicit consent.

AI-Generated Virtual Personas: Completely synthetic characters created through AI that resemble humans require disclosure when used in commercial contexts. This includes virtual influencers, AI spokespersons, and computer-generated brand ambassadors that could be mistaken for real people. Digital Replicas of Real Individuals: The most critical category involves recreating actual people's appearances, voices, or mannerisms. This includes deepfakes of celebrities, AI-generated versions of public figures, and synthetic recreations of anyone's likeness without proper authorization and disclosure. Hybrid and Modified Content: Content that combines real footage with AI modifications, such as voice replacement, facial alterations, or performance synthesis, also falls under disclosure requirements. Even partial AI enhancement of real human appearances may trigger disclosure obligations. Exemptions: Purely cartoon or obviously fictional characters typically don't require disclosure, as they're clearly not intended to represent real people. Minor AI enhancements like standard filters or color correction may also fall outside the disclosure mandate, though the boundaries continue to evolve through regulatory interpretation.

Visual Disclosure Standards: Text-based disclosures must appear in a font size at least 5% of the vertical screen height, with high contrast against the background. The disclosure should remain on screen for sufficient time—typically 3-5 seconds minimum for static content, or continuously for video featuring the synthetic character. Audio Disclosure Requirements: For content with sound, spoken disclosures must be clearly audible, delivered at similar volume to the main audio, and use plain language. Phrases like "This advertisement features an AI-generated character" or "This person is created using artificial intelligence" meet the clarity threshold. Platform-Specific Considerations: Social media posts require disclosures above the fold or within the first few seconds of video. Pre-roll disclosures work for longer video content, while static images need overlay text. Each platform's technical capabilities affect implementation, but the disclosure must always precede or accompany the synthetic content. Language and Clarity: Disclosures must avoid technical jargon. Terms like "synthetic character," "AI-generated," "digital creation," or "computer-generated" are acceptable. Burying disclosures in terms of service links or using ambiguous language like "enhanced content" doesn't satisfy the requirement.

Financial Penalties: Violations can result in substantial fines per undisclosed advertisement, with amounts scaling based on reach and duration. Repeat offenders face escalating penalties, and willful violations—where advertisers knowingly omit disclosures—carry significantly higher fines than inadvertent compliance failures. Legal Actions: Individuals whose likenesses are used without proper disclosure can pursue civil remedies, including damages for unauthorized commercial use of their identity. This creates dual exposure: regulatory penalties from the state plus potential private lawsuits from affected parties. Business Impact: Beyond direct penalties, non-compliance can trigger mandatory corrective advertising campaigns, cease-and-desist orders halting campaigns mid-flight, and reputational damage. Major brands have already adjusted policies to avoid these risks, with compliance becoming an industry standard practice. Enforcement Approach: New York's attorney general has indicated that enforcement will prioritize cases involving deceptive practices, particularly where synthetic content could mislead vulnerable populations or involves unauthorized digital replicas of real people without consent.

Workflow Integration: Build disclosure requirements directly into content creation workflows. When generating AI characters or digital replicas through platforms like Aimensa—which offers advanced AI content generation including synthetic media capabilities—establish templates that automatically include compliant disclosure language before content reaches approval stages. Documentation Practices: Maintain detailed records of AI tool usage, consent agreements for any likenesses used, and disclosure implementation across all platforms. This documentation proves compliance efforts if questions arise and helps identify which content requires disclosure versus exempt material. Multi-Platform Strategy: Since disclosure requirements apply regardless of distribution channel, create disclosure variations optimized for different formats. Platforms like Aimensa that enable content creation for multiple channels help streamline this by allowing you to define disclosure templates once and apply them across text, image, and video outputs for various platforms. Review Processes: Implement legal review checkpoints before publishing AI-generated commercial content. Train marketing teams to recognize synthetic content requiring disclosure, including edge cases like heavily AI-modified real footage. Regular compliance audits help catch issues before they become violations. Technology Solutions: Some AI content platforms now offer built-in compliance features, including automatic watermarking or metadata tagging of synthetic content. When selecting tools, prioritize those that support transparency and make compliance easier rather than harder to achieve.

Consistent Standard: New York's AI advertising disclosure requirements apply equally to business-to-business and consumer advertising. The legislation doesn't create exemptions based on audience sophistication, reflecting the position that even professional buyers deserve transparency about AI-generated content. Practical Application: B2B advertisers sometimes assume their audiences recognize synthetic content more readily, but this doesn't eliminate disclosure obligations. A synthetic character in a software demo, an AI-generated spokesperson in a webinar, or digital replicas in case study videos all require the same disclosure treatment as consumer ads. Context Considerations: While the legal requirement remains constant, B2B contexts may allow slightly different disclosure phrasing that aligns with professional communication norms. However, the disclosure must still be prominent, clear, and unambiguous—no amount of audience sophistication justifies burying or omitting required notifications. Industry Best Practices: Leading B2B brands treat disclosure as a trust-building opportunity rather than a compliance burden. Transparent acknowledgment of AI usage in marketing materials can actually enhance credibility among professional audiences who value honesty and innovation.

Emerging Regulatory Landscape: New York's disclosure requirements represent part of a broader movement toward AI transparency in commercial contexts. According to Stanford's Digital Policy Institute, over 15 states have introduced similar legislation, creating a patchwork of overlapping but not identical requirements that advertisers must navigate. Federal Context: While no comprehensive federal AI advertising law exists yet, the Federal Trade Commission has indicated that undisclosed AI-generated content could constitute deceptive advertising under existing consumer protection statutes. New York's law provides more specific guidance than federal frameworks currently offer. Industry Self-Regulation: Major advertising trade associations have developed voluntary AI disclosure guidelines that often exceed legal minimums. These industry standards influence what courts and regulators consider reasonable disclosure practices, creating a dynamic where compliance means meeting both legal requirements and evolving professional norms. International Parallels: The European Union's upcoming AI Act includes similar transparency requirements for synthetic media in commercial contexts. Brands operating internationally benefit from adopting disclosure practices that satisfy multiple jurisdictions simultaneously, with New York's standards serving as a reasonable baseline that aligns with international trends. Practical Impact: For content creators using comprehensive platforms like Aimensa to produce material across multiple formats and channels, understanding these interconnected regulations helps establish consistent disclosure practices that work across different legal environments rather than creating separate workflows for each jurisdiction.