N.Y. General Business Law § 396-b: Advertisements

§ 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

decisions 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. This definition includes but is not limited to

systems that use machine learning, large language model, natural

language processing, and computer vision technologies, including

generative artificial intelligence.

(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

intelligence or a software algorithm, that is intended to create the

impression that the asset is engaging in an audiovisual and/or visual

performance of a human performer who is not recognizable as any

identifiable natural performer.

2. Any person, firm, corporation or association, or agent or employee

thereof, hereinafter called person, who, being engaged in the business

of dealing in any property, makes, publishes, disseminates, circulates

or places before the public or causes, directly or indirectly, to be

made, published, disseminated, circulated or placed before the public,

in this state, any advertisement respecting any such property, in any

newspaper, magazine, or other publication, or over any radio station or

television station, unless it is stated in any such advertisement that

the advertiser is a dealer in such property or from the context of any

such advertisement, it plainly appears that such person is a dealer in

such property so offered for sale in any such advertisement; or when

placing or causing any such advertisement to appear in any newspaper,

magazine or other publication or radio or television station as

described in this section, if requested by the publisher of any such

newspaper, magazine or other publication or owner or operator of such

radio or television station or any agent or representative thereof to

file with such owner or operator, publisher, agent or representative

thereof such person's true name, or where such person is transacting

business under a name other than the true name pursuant to law, then the

name under which such business is transacted, and each business address

wherein any business is transacted by such person, in the class of

property advertised or to be advertised for sale in such advertisement,

shall make any false statement in relation to any of such items; or if

requested by the publisher of any such newspaper, magazine or other

publication or owner or operator of such radio or television station or

any agent or representative thereof to file with such owner, operator,

publisher, agent or representative thereof a statement showing whether

such person is causing such advertisement to appear or is offering to

make such sale or disposition or transaction, as herein set forth, as

principal or agent, and if as agent, to set forth such information as is

specified in this section, in relation to such person's principal as

well as in relation to such person, shall make any false statement in

relation to any of such items; is guilty of a misdemeanor.

3. Any person engaged in the business of dealing in any property or

service who for any commercial purpose produces or creates an

advertisement respecting any such property or service, in any medium or

media in which such advertisement appears, shall conspicuously disclose

in such advertisement that a synthetic performer is in such

advertisement, where such person has actual knowledge. A violation of

this subdivision shall result in a civil penalty of one thousand dollars

for a first violation, and five thousand dollars for any subsequent

violation.

4. This section shall not apply to advertisements and promotional

materials for expressive works, including but not limited to, motion

pictures, television programs, streaming content, documentaries, video

games, or other similar audiovisual works, provided that the use of a

synthetic performer in the advertisement or promotional material is

consistent with its use in the expressive work.

5. Nothing in this section shall limit, reduce, or enlarge any rights

any person may have under section fifty, fifty-f, or fifty-one of the

civil rights law or under any other law.

6. Nothing in this section shall be construed to limit, or to enlarge,

the protections that 47 U.S.C. section 230 confers on an interactive

computer service for content provided by another information content

provider, as such terms are defined in 47 U.S.C. section 230.

7. This section shall not apply to advertisements and promotional

materials in any of the following circumstances:

(a) Audio advertisements; or

(b) Where the use of artificial intelligence solely involves the

language translation of a human performer.

8. Nothing in this section shall apply to any medium used for

advertising, including, but not limited to, newspapers, magazines, and

television networks and stations, streaming services, cable television

systems, billboards, and transit advertisements, by whom any

advertisement or solicitation in violation of this section is published

or disseminated.